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Legal Definitions - deceased
Definition of deceased
In legal contexts, the term deceased refers to an individual who has passed away. This designation is crucial in various legal proceedings and documents to identify the person whose death has initiated a legal process, such as the administration of their property, the resolution of claims, or the determination of rights and responsibilities that existed prior to their passing.
Example 1: Estate Administration
When Mr. Robert Miller passed away, his family initiated the process of settling his estate. In all the legal documents filed with the probate court, including his will and inventory of assets, Mr. Miller is consistently referred to as the deceased. This allows the court and all parties involved to clearly identify the individual whose property and debts are being managed according to law.
This illustrates how "the deceased" identifies the central person whose estate is being legally administered, ensuring clarity in the distribution of assets and settlement of liabilities.
Example 2: Criminal Investigation
Following a suspicious incident, law enforcement officers discovered a body and began a homicide investigation. In their reports, witness statements, and subsequent court proceedings, the person found is referred to as the deceased until their identity is confirmed and throughout the legal process of determining the cause of death and potential perpetrators.
This illustrates the use of "the deceased" in criminal law to refer to the victim of a crime, particularly when their death is the subject of an investigation or prosecution.
Example 3: Social Security Survivor Benefits
After Mrs. Clara Jensen's husband, David, passed away, she applied for survivor benefits from the Social Security Administration. On the application forms and in all correspondence, David Jensen is referred to as the deceased, as his death is the qualifying event that allows Clara to claim benefits based on his work record.
This illustrates how the term is used in administrative law and government benefits programs to identify the individual whose death triggers eligibility for certain entitlements for their survivors.
Simple Definition
The "deceased" refers to a person who has died, often called a "decedent" in legal contexts. This individual is central to the law of estates and trusts, as all their assets become part of their estate. The estate is then distributed according to any will or trust they established, or by state law if they died without one.