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Document the disposition of the patients body and the name, telephone number, and address of the funeral home. List the names of family members who were present at the time of death. If they werent present, note the name of the family member notified and who viewed the body.
Almost every state has adopted some form of the so-called Slayer Statute which prevents any part of an estate from passing to a person responsible for the death of the decedent. In these cases, a dying declaration by the testator would be admissible to prove responsibility for the death.
An out-of-court statement is referred to as hearsay. A dying declaration is a type of hearsay. However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule.
If a person suspects that they have been incorrectly listed as deceased on their Social Security record, they should contact their local Social Security office as soon as possible. They can locate their nearest Social Security office at .
Under the laws of California, if a person has been missing for five years or longer, his or her spouse, certain family members, and creditors can file a petition with the court requesting that the person be presumed dead. If the person is found to be presumed dead, a probate administration can occur.
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Generally a physician must make the determination that a person is dead. The physician then makes a formal declaration of the death and a record of the time of death. In a hospital setting, the physician who declares the death may not be the one who signs the death certificate.
California law states that a person must be missing for five years before being declared deceased. However, as an exception to that rule, the court can hold a presumptive death hearing to declare the missing person dead.
If a statement is admissible as a dying declaration, it is not barred by the confrontation clause.
What should I do if I am incorrectly listed as deceased in Social Securitys records? If you suspect that you have been incorrectly listed as deceased on your Social Security record, please visit your local Social Security office as soon as possible.
Dying declaration: A statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death (Oregon Evidence Code Rule 804(3)(b).

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