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Legal Definitions - post mortem

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Definition of post mortem

The term post mortem refers to anything that occurs, is analyzed, or takes effect after a person's death. In legal contexts, it describes actions, investigations, or rights that are initiated or continue following an individual's passing.

  • Estate Administration: After a wealthy individual passes away, their appointed executor begins the post mortem administration of the estate. This involves identifying all assets and debts, paying any outstanding taxes, and distributing the remaining property to the beneficiaries as outlined in the will or according to state inheritance laws. This process is entirely focused on managing affairs after death.

  • Legal Review of Business Operations: Following the sudden death of a company's CEO, the board of directors might commission a post mortem legal review of the company's recent contracts and financial dealings. The purpose of this review would be to ensure that no fraudulent activities occurred under the deceased CEO's leadership and to identify any legal liabilities or obligations that might arise from their past actions, all examined after their death.

  • Copyright Enforcement: The literary estate of a renowned author discovers that a publisher has released an unauthorized collection of the author's early works without permission. The estate initiates legal proceedings to enforce the author's copyright, which continues to be protected for a period post mortem. This demonstrates how certain legal rights, like intellectual property rights, persist and can be enforced after the creator's death.

Simple Definition

Post mortem is a Latin term meaning "after death." In a legal context, it refers to actions, rights, or examinations that occur following an individual's passing. This encompasses areas such as planning for an estate's tax liability, conducting a medical examination, or governing the commercial use of a deceased person's identity.