Possible Legal Rights of Cryogenically Revived Persons

Possible Legal Rights of Cryogenically Revived Persons 1 st Annual Colloquium on the Law of Transhuman Persons Melbourne Beach, Florida December 10, 2005 A. Christopher Sega, Esq.

Introduction
What is the Status of the Law?
Rights determined by Status of Revived Person
Possible Rights by Analogy
Actions to “Protect” Your Rights

What Rights Are Relevant?
Rights of the Revived Person
Rights of Others over the Revived Persons

Rights Depend On Identity
Is there psychological continuity?
Are you the “same” person?
Are you a “related” person, descendant or “heir”?
Are you a “new” person?

Categories of Rights
Property or Financial Rights
Personal Rights

Property or Financial Rights
Right to Hold and Alienate Property
Right to Receive or Direct an Inheritance
Social Security and other Retirement Benefits

Property Rights – Competing Principles
Right to Hold Property vs, Restrictions on Alienation
Rule Against Perpetuities vs. Repeal of Rule Against Perpetuities

Personal Rights
Citizenship
Marital Status and Family Relationships
Other Political Rights and Obligations

Guidance from Other Law
Law of Absent Persons
Treatment of Cryogenically Preserved Embryos and Semen
Treatment of Trans-gendered Persons

Presumption of Death
Probate of Estate and Property Transfers

Absent Persons - Treatment of Property
Disposition of Land and Merchantability of Title
Collection of Insurance Policies and Survivor’s Pensions
Duty to Conserve Property

Absent Persons - Re-Emergence
Reimbursement from “Fund”
Right to Recover Assets -- Limited
Measure of Recovery

Is this analogous?
Is the person “absent”?
When will this person “return”?
How will pre-mortem cryonics change this?

Cryogenically Preserved Embryos & Sperm
Status as “Descendants” of Donor?
Contingent Rights Vesting on Gestation

Treatment of Trans-gendered Persons
Continuity of Identity
Civil Protections
“New” Status

What Obligations Might Arise?
Obligations to Descendants
Obligations to the State
Obligations to Insurance Companies
Impact on Marital Status
Civil and Criminal Claims

Protecting Your Rights
Estate Planning and Dynasty Trusts
Domiciliary Status at Death
Property Maintenance Trusts
Filing Protective Refunds for Estate Taxes

Final Thoughts

Possible Rights
Revived Person as Heir
Rights and Obligations as Heir
Duties and Obligations while in Suspension

Thank You! 162258v1

Possible Legal Rights of Cryogenically Revived Persons

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Possible Legal Rights of Cryogenically Revived Persons — Presentation Transcript

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