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Re:A woman's battle to prove she isn't dead by sascha_sl on Saturday July 03, 2021 @12:33PM (#27722810)
If your existence is an edge case no lawyer can help you. As the article said, even the justice minister of France is aware of the issue, yet not willing to act on it.

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.

Re:A woman's battle to prove she isn't dead by js2 on Saturday July 03, 2021 @08:35PM (#27726294)
> If your existence is an edge case no lawyer can help you

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.

Re:A woman's battle to prove she isn't dead by hermitdev on Sunday July 04, 2021 @01:53AM (#27727529)
I wonder, would it be any different if the government had biometrics for your identity on hand from a period where you were deemed alive? For instance, I've fingerprints on file with the SEC due to prior work in finance. I'm pretty sure government jobs requiring a security clearance would have similar. Or having an arrest record?
Re:A woman's battle to prove she isn't dead by pcrh on Saturday July 03, 2021 @01:39PM (#27723342)
Why would she not be able to sue for recognition as a living person?
Re:A woman's battle to prove she isn't dead by shakna on Saturday July 03, 2021 @07:58PM (#27726048)
Part of filing for a suit is proving that you have the right to represent the individual. Usually this is easy, as most people are recognisable (leaglly) as representing themselves.

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.

Re:A woman's battle to prove she isn't dead by sascha_sl on Saturday July 03, 2021 @01:41PM (#27723357)
She had trouble even getting a lawyer to take her as a client. People that don't exist can probably not file lawsuits either.
Re:A woman's battle to prove she isn't dead by pcrh on Saturday July 03, 2021 @01:53PM (#27723447)
>People that don't exist can probably not file lawsuits either.

Haha, very Kafka!

Seriously, though, I find it hard to imagine that this is an impossible case.

Re:A woman's battle to prove she isn't dead by pacman2 on Saturday July 03, 2021 @06:49PM (#27725632)
This article sounds like bullshit and I am sure I could handle this without a lawyer in "administrative court". I filed 4 law suits in administrative courts in my country and won them all. I used a lawyer only once in another EU country for my girl friend since I did not speak the local language. In hind sight I may have done it myself since my language should have been recognized as a minority language in court in this country. But the lawyer was only 300 Euro.

This is still the west and courts still work. Don't be intimidated.

Re:A woman's battle to prove she isn't dead by retrac on Saturday July 03, 2021 @07:03PM (#27725713)
> I filed

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...

Re:A woman's battle to prove she isn't dead by pacman2 on Saturday July 03, 2021 @07:20PM (#27725827)
Easy solution: File with the IRS, ask since you are dead, you don't owe any future taxes, right?

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.

Re:A woman's battle to prove she isn't dead by retrac on Saturday July 03, 2021 @07:27PM (#27725874)
You may really be underestimating the blind nature of these systems. There is no single human with the clear authority and ability to alter the rule-making architecture giving these results. They all feel powerless and try to pass it up the chain (all the way to the minister responsible in the national government apparently, who also seems helpless!). As to enjoying being legally dead? I guess you don't have diabetes meds to worry about like the woman in France :)
Re:A woman's battle to prove she isn't dead by pacman2 on Saturday July 03, 2021 @08:13PM (#27726119)
You would be surprised what a judge can do in countries with rule of law.
Re:A woman's battle to prove she isn't dead by void_mint on Saturday July 03, 2021 @07:32PM (#27725907)
"I am not a lawyer but insist I know more than many lawyers"
[dead]
Re:A woman's battle to prove she isn't dead by naikrovek on Saturday July 03, 2021 @10:45PM (#27726872)
that doesn't mean you know more than them... or know any given law more than any given lawyer. it doesn't mean anything other than you've won administrative court appearances 4 times. what jurisdiction were those in, anyway? is that jurisdiction representative of all other jurisdictions? absolutely not.
Re:A woman's battle to prove she isn't dead by Talanes on Saturday July 03, 2021 @11:29PM (#27727020)
Which only proves that you have some expertise in a small subset of the law: that which has affected you personally.
Re:A woman's battle to prove she isn't dead by pacman2 on Monday July 05, 2021 @02:27PM (#27740602)
I don't understand all the downvotes by idiots.

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.

Re:A woman's battle to prove she isn't dead by void_mint on Monday July 05, 2021 @09:03PM (#27743315)
Calling those that disagree with you idiots is probably not a good—faith attempt at communicating.
Re:A woman's battle to prove she isn't dead by tedunangst on Saturday July 03, 2021 @07:31PM (#27725899)
And then the police hold you in jail until your identity can be confirmed.
Re:A woman's battle to prove she isn't dead by jandrese on Saturday July 03, 2021 @07:50PM (#27726000)
Or worse, transfer you to the morgue.
Re:A woman's battle to prove she isn't dead by fsckboy on Sunday July 04, 2021 @11:19AM (#27730303)
not when they get slammed with your "abuse of a corpse" lawsuit
Re:A woman's battle to prove she isn't dead by pacman2 on Saturday July 03, 2021 @08:12PM (#27726114)
I have several passports. Not a good idea to be honest. My embassies would get involved pretty fast :-)
Re:A woman's battle to prove she isn't dead by pmyteh on Saturday July 03, 2021 @08:41PM (#27726340)
Consular services will generally not protect you against another country whose nationality you hold.
Re:A woman's battle to prove she isn't dead by thedevelopnik on Saturday July 03, 2021 @10:11PM (#27726767)
You wouldn’t in this case. All her identifying documents were rendered invalid when she was declared dead.
[dead]
Re:A woman's battle to prove she isn't dead by dang on Tuesday July 06, 2021 @02:26AM (#27744838)
Please stop posting flamebait and/or unsubstantive comments and/or personal swipes to HN. We ban accounts that do these things.

https://news.ycombinator.com/newsguidelines.html

Re:A woman's battle to prove she isn't dead by croes on Saturday July 03, 2021 @08:16PM (#27726145)
Since you are dead, you have no income, so you are right. IRS is not a monster, it's bureaucracy. If the system says you are dead, you are dead. Same with the fine, it won't reach you because you are dead.

What's worse you have no rights because dead people have very limited rights.