Legal Question in Wills and Trusts in Nevada

''Faking a persons death''

Is it illegal to fake a persons death if no money or profit has been gained from the fraud. If so what are the legal statutes that tell about the law or codes.


Asked on 12/03/01, 3:02 pm

2 Answers from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: ''Faking a persons death''

That certainly presents an interesting question, although how you can come to the conclusion that there would be no money or profit involved is beyond me. In the probate code and the civil law code there are provisions for taking control of a person's estate if he is missing or cannot be located; provisions for expending his funds to search for him; and certain presumptions apply in cases of disappearances for 5 to 7 years and for cases where a public official of some sort (other than a coroner) pronounces "probable" death, but none of these link to the criminal code.

As we all know causing death is a crime. However, pretending to be dead may be a different matter altogether. Fraud? Certainly if one hides from one's creditors (including persons to whom support obligations are owed). Fleeing? Certainly if pretending to be dead is to avoid returning to jail or having to appear for a criminal proceeding. Being untruthful? Well, that's a harder and probably a more morality type question. My creditor calls, I am tired of having to tell him I can't pay, so I say I am deceased. I get no money or profit from doing so and he stops calling me. It is still a lie and not true. I seriously don't know if a prosecutor would file charges upon such a set of circumstances.

I suspect the answer to your question, is it a crime to pretend to be dead? depends upon more the reasons for why you want to disappear than whether it gains you money or profit.

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Answered on 12/03/01, 4:42 pm
C. David DuMond Law Offices of David DuMond

Re: ''Faking a persons death''

You don't need a law degree to know that to fake a person's death is rank and offensive unto highest heaven. Whatever you're thinking about, don't do it. There is sure to be some adverse legal consequence, no matter what the circumstance.

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Answered on 12/03/01, 4:52 pm


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