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

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Discussion Overview

The discussion revolves around the legal precedents concerning the inheritance of a deceased's property by a potential spouse, particularly focusing on the implications of marriage consent and posthumous marriages. The scope includes legal interpretations, hypothetical scenarios, and personal opinions on the matter.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Exploratory

Main Points Raised

  • Some participants argue that for something to be illegal, there must be a specific law against it, questioning the legality of impossible situations.
  • There is a suggestion that mutual consent is necessary for marriage, which cannot be established with a deceased person.
  • One participant speculates about the possibility of posthumous marriages, particularly in cases involving soldiers who died in battle.
  • Another participant raises the idea of pre-death stipulations regarding inheritance and questions their potential legal validity.
  • Concerns are expressed about the potential disputes that could arise regarding claims to a deceased's property by a "wife" in the absence of clear legal precedents.

Areas of Agreement / Disagreement

Participants express differing views on the legality and implications of posthumous marriages and the necessity of mutual consent, indicating that multiple competing views remain without a consensus.

Contextual Notes

The discussion highlights uncertainties regarding the legal framework surrounding inheritance and marriage laws, particularly in unusual circumstances such as posthumous marriages and pre-death stipulations.

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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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