Alyssa A DiRusso, ‘Life and Death Matters in Conflict of Laws’, 97 Tulane Law Review 703 (2023). How does one define death, and to what extent can we confidently say someone is dead enough? The answer to this question varies among our jurisdictions. Before initiating the administration of a deceased person’s estate, the primary question is whether the individual is deceased. Despite the existence of the Uniform Determination of Death Act, there are notable differences among states regarding the indicia of death, leading to the possibility of someone being declared legally dead in one state but considered alive in another state. The challenge of determining death is further complicated when considering how conflicting simultaneous death statutes may apply to potential beneficiaries … (more)
[Gerry W Beyer, JOTWELL, 11 September 2024]
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