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Forums » RIAA Will Allow Dead Defendant's Children 60 Days To Grieve... » How?
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gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA


1 edit
reply to insomniac84
Re: How?

I think it's a longshot. How can a dead person defend themselves? I can see where if they already had a judgement against the person and then they try to collect from the estate, but to be able to obtain judgement after death, I don't see how. I mean, the guy could have had a viable defense, so since he is dead, the children will act as a proxy defendant and not know any of the facts? Doesn't seem legal.

Same scenario, I rob a bank, I die before the trial, and my kids go on trial for the robbery.


Orcusomega

@versys.com

The fact of the matter is that they can sue the estate for the penalties that would have been levied against the individual before they died since the "offense" occurred before he died. His estate would then be responsible to cover any legal fees and penalties that the living person would have otherwise paid. To add insult to injury, unless the executor of the estate declares the estate insolvent (and he/she needs to prove it), they would have to sell the objects otherwise granted as inheritance, as well as plundering any savings that person may have had...

Bob
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