Legal Question in Business Law in South Carolina

Is an obituary a legal document,therefore children not born of or legaly adopted can not be named with the actual children.


Asked on 1/23/11, 8:01 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Laypeople often use the term "legal document" as if it means something. It doesn't.

Newspaper editors decide on their own what information does and does not belong in an obituary. There are no laws on the subject, and if there were they would probably violate the First Amendment.

If you believe an obituary contained errors, point them out to the editor. Most newspapers strive to be accurate and will print corrections when they make mistakes. But if you just disapprove of the editors' judgment, the law will not help you.

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Answered on 1/27/11, 2:32 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney. An obituary is not a legal document, just a notice in a newspaper. The information may or may not be correct. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 1/29/11, 12:17 pm


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