Technically, no you don't, unless it is a professional photo from a photographer. Those are copyrighted and cannot be used for someone else's profit. I don't know what use you are going to have for this photo, but you should also be aware of saying anything that could interfere with a privacy issue, such as this "deceased" person's medical condition when he died, etc. If you are just using it as a photo, it would be permissible with the info above.
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