Legal Precedents for Inheritance of Deceased's Property by Potential Spouse

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The discussion centers around the legality of posthumous marriages and the concept of consent in such scenarios. Participants debate whether something that is impossible can be deemed illegal, emphasizing that for an act to be illegal, a law must exist against it. The conversation touches on the idea that a dead person cannot provide consent for marriage, raising questions about the validity of posthumous marriages, particularly in cases involving soldiers. There is speculation about whether stipulations made before death could hold legal weight, with acknowledgment that legal precedents may exist but a reluctance to verify them. Overall, the dialogue explores the complexities of marriage laws and consent in unusual circumstances.
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missed the Ark question
 
I got the legal in California answer wrong even though I got the joke. I don't agree that something which is impossible is illegal. For something to be illegal, there has to be a law against it. I doubt that such a law exists.
 
11/11 Gee, me and two other people got this.

jimmysnyder said:
I got the legal in California answer wrong even though I got the joke. I don't agree that something which is impossible is illegal. For something to be illegal, there has to be a law against it. I doubt that such a law exists.

It would be illegal for her to be a widow if you were still alive.
 
DaveC426913 said:
11/11 Gee, me and two other people got this.



It would be illegal for her to be a widow if you were still alive.
That's irrelevant and immaterial - Ham Burger.
 
jimmysnyder said:
That's irrelevant and immaterial - Ham Burger.

I think generally you have to establish that both parties are mutually consenting in order to marry, and you can't establish the consent of a dead person. Although, hmmm... it strikes me as not impossible that they might perform posthumous marriages for things like soldiers who died in battle. So... maybe?

DaveE
 
davee123 said:
I think generally you have to establish that both parties are mutually consenting in order to marry, and you can't establish the consent of a dead person. Although, hmmm... it strikes me as not impossible that they might perform posthumous marriages for things like soldiers who died in battle. So... maybe?

DaveE

Could have made this stipulation before his demise ? Think it would hold up ?
 
regor60 said:
Could have made this stipulation before his demise ? Think it would hold up ?

Yeah, I'm not sure-- I can imagine it being iffy. There might be disputes in those cases where a potential "wife" would by default be able to lay claim to the deceased's value (property, money, etc). I can easily imagine that this has come up before and that there's some sort of legal precedent that's been established. I'm just too lazy to go verify it.

DaveE
 

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