A much less severe version of this is changing your first name (or, indeed, gender marker). Systems are only now gaining the ability to even change some of these records, but often it is up to the people with limited access to these systems to "work around" them. Whenever possible I didn't even ask to change my name, just close one account and make another. Including with a bank that actually suggested I do this.
This happens occasionally in the U.S. Two recent cases:
- Alecia Faith Pennington: https://www.wnycstudios.org/podcasts/radiolab/articles/invis...
- Jamie Lanosga: https://gazette.com/news/born-in-the-usa-without-a-shred-of-...
It is a major hassle to establish your legal identity as an adult. It seems to take a politician intervening.
As the individual is officially deceased, you need some documentation from before they were recognised as such, granting their rights to a recognisable individual.
That is, the lawyer needs to be granted the right to represent her, but she probably doesn't currently have the necessary legal paperwork to give them that. She can't represent her own estate - she's legally dead.
Haha, very Kafka!
Seriously, though, I find it hard to imagine that this is an impossible case.
This is still the west and courts still work. Don't be intimidated.
First potential hitch. How do you file legal paperwork in the name of someone who is dead? Do you have ID to prove who you are? While you can probably file a court case without photo ID, you can't file anonymously in most jurisdictions. And you can't use a fraudulent identity like the name of some dead person...
Trust me. Things will start moving very quickly.
Exceed the speed limit. Reject the fine claiming you are dead.
Trust me. The possibilities are endless and take my word, I would enjoy them.
Yes, I am not a lawyer. Never claimed to be one. I have worked with law in two jurisdictions, incl. US. The fields were:
1. Patent law (I am not a patent lawyer either)
2. Regulatory (speak FDA)
While you can screw up, law is not that difficult. It is even easier in countries with codified law.
What's worse you have no rights because dead people have very limited rights.
Further, Article 6 of the Universal Declaration of Human Rights states: "Everyone has the right to recognition everywhere as a person before the law."
She needs a better lawyer....