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Possible Legal Rights of Cryogenically Revived Persons

1st Annual Colloquium on the Law ofTranshuman PersonsMelbourne Beach, FloridaDecember 10, 2005

A. Christopher Sega, Esq.

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Introduction

• What is the Status of the Law?

• Rights determined by Status of Revived Person

• Possible Rights by Analogy

• Actions to “Protect” Your Rights

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What Rights Are Relevant?

• Rights of the Revived Person

• Rights of Others over the Revived Persons

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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?

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Categories of Rights

• Property or Financial Rights

• Personal Rights

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Property or Financial Rights

• Right to Hold and Alienate Property

• Right to Receive or Direct an Inheritance

• Social Security and other Retirement Benefits

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Property Rights – Competing Principles

• Right to Hold Property vs, Restrictions on Alienation

• Rule Against Perpetuities vs. Repeal of Rule Against Perpetuities

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Personal Rights

• Citizenship

• Marital Status and Family Relationships

• Other Political Rights and Obligations

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Guidance from Other Law

• Law of Absent Persons

• Treatment of Cryogenically Preserved Embryos and Semen

• Treatment of Trans-gendered Persons

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Law of Absent Persons

• Presumption of Death

• Probate of Estate and Property Transfers

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Absent Persons - Treatment of Property

• Disposition of Land and Merchantability of Title

• Collection of Insurance Policies and Survivor’s Pensions

• Duty to Conserve Property

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Absent Persons - Re-Emergence

• Reimbursement from “Fund”

• Right to Recover Assets -- Limited

• Measure of Recovery

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Law of Absent Persons

• Is this analogous?

• Is the person “absent”?

• When will this person “return”?

• How will pre-mortem cryonics change this?

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Cryogenically Preserved Embryos & Sperm

• Status as “Descendants” of Donor?

• Contingent Rights Vesting on Gestation

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Treatment of Trans-gendered Persons

• Continuity of Identity

• Civil Protections

• “New” Status

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What Obligations Might Arise?

• Obligations to Descendants

• Obligations to the State

• Obligations to Insurance Companies

• Impact on Marital Status

• Civil and Criminal Claims

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Protecting Your Rights

• Estate Planning and Dynasty Trusts

• Domiciliary Status at Death

• Property Maintenance Trusts

• Filing Protective Refunds for Estate Taxes

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Final Thoughts

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Possible Rights

• Revived Person as Heir

• Rights and Obligations as Heir

• Duties and Obligations while in Suspension

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Thank You!

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