Can a Will be written to bind a person’s assets to themselves, in the event of restored life?

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Can a Will be written to bind a person’s assets to themselves, in the event of restored life?

I firmly believe that medical sciences will provide a way to one day reanimate and restore the dead. My question is this: Can a will be written so that a persons assets remain in their name indefinitely? Bank accounts, bonds.. etc. Assuming the person had zero debt of any kind. Would open bank accounts continue to accrue interest? I’ve searched google for hours without luck.

Asked on March 5, 2011 under Estate Planning, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Once someone is dead, they are dead--at least to the law. Regardless of the person's religious or scientific beliefs, that person can no longer hold property or be a beneficiary of a will, trust, etc.

What *might* be possible is to endow a trust which will own the property and which will have as one of its purposes to "provide for the maintenance and support of [your name here] in the event that [your name here] is successfully returned to life." You would not get ownership over the assets, but they would be used to help take care of you...this is the only mechanism I can think of that *might* work. (In the meantime, you could the assets be invested and also possibly provide some support to certain charitable endeavors--like reanimation research.) If you are sincere in your belief, you should consult with a good trusts and estates attorney who will be able to help determine is something like what I describe is possible.

Note that there's a risk: presumably, if what you describe does become possible, then presumably the government will pass laws relating to it. Those laws might preclude what your describe.


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