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1 Possible Legal Rights of Cryogenically Revived Persons 1 st Annual Colloquium on the Law of Transhuman Persons Melbourne Beach, Florida December 10,

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Presentation on theme: "1 Possible Legal Rights of Cryogenically Revived Persons 1 st Annual Colloquium on the Law of Transhuman Persons Melbourne Beach, Florida December 10,"— Presentation transcript:

1 1 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.

2 2 Introduction What is the Status of the Law? Rights determined by Status of Revived Person Possible Rights by Analogy Actions to “Protect” Your Rights

3 3 What Rights Are Relevant? Rights of the Revived Person Rights of Others over the Revived Persons

4 4 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?

5 5 Categories of Rights Property or Financial Rights Personal Rights

6 6 Property or Financial Rights Right to Hold and Alienate Property Right to Receive or Direct an Inheritance Social Security and other Retirement Benefits

7 7 Property Rights – Competing Principles Right to Hold Property vs, Restrictions on Alienation Rule Against Perpetuities vs. Repeal of Rule Against Perpetuities

8 8 Personal Rights Citizenship Marital Status and Family Relationships Other Political Rights and Obligations

9 9 Guidance from Other Law Law of Absent Persons Treatment of Cryogenically Preserved Embryos and Semen Treatment of Trans-gendered Persons

10 10 Law of Absent Persons Presumption of Death Probate of Estate and Property Transfers

11 11 Absent Persons - Treatment of Property Disposition of Land and Merchantability of Title Collection of Insurance Policies and Survivor’s Pensions Duty to Conserve Property

12 12 Absent Persons - Re-Emergence Reimbursement from “Fund” Right to Recover Assets -- Limited Measure of Recovery

13 13 Law of Absent Persons Is this analogous? Is the person “absent”? When will this person “return”? How will pre-mortem cryonics change this?

14 14 Cryogenically Preserved Embryos & Sperm Status as “Descendants” of Donor? Contingent Rights Vesting on Gestation

15 15 Treatment of Trans-gendered Persons Continuity of Identity Civil Protections “New” Status

16 16 What Obligations Might Arise? Obligations to Descendants Obligations to the State Obligations to Insurance Companies Impact on Marital Status Civil and Criminal Claims

17 17 Protecting Your Rights Estate Planning and Dynasty Trusts Domiciliary Status at Death Property Maintenance Trusts Filing Protective Refunds for Estate Taxes

18 18 Final Thoughts

19 19 Possible Rights Revived Person as Heir Rights and Obligations as Heir Duties and Obligations while in Suspension

20 20 Thank You! 162258v1


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