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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33103
Experience:  16 yrs. of trial experience
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What legal steps can one take to remove s/her name off of an

Customer Question

What legal steps can one take to remove his/her name off of an obituary? Does this have to be resolved in civil court?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I am not sure I understand. What happened?

Customer: replied 1 year ago.
If a person does not want his or her name to be included on an obituary, how does one go about this legally? Someone recently passed and one of the family members doesn't want to be added to the obituary;however, the person that wants to be removed is not the person paying to have the obituary printed.
Expert:  P. Simmons replied 1 year ago.

Thank you
So you are asking if you can prevent the paper from printing?

Customer: replied 1 year ago.
Correct!😀
Customer: replied 1 year ago.
What recourse does one have to stop the obituary from being printed? What actions are needed?
Expert:  P. Simmons replied 1 year ago.

thank you
I think you have an uphill battle
Generally speaking, a persons "right to privacy" ends with their death.
So it is unlikely you can stop this (since the right to privacy ends with death, there is no law you can invoke to stop the paper from printing this information)

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can stop this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I'm not trying to stop the newspaper from printing, but I'm trying to get the member of the deceased to not have the personal obituary printed.
Expert:  P. Simmons replied 1 year ago.

Thank you
The answer is the same. There is no law prohibiting this...since there is no right to privacy after death.

You would be wasting time/money paying a lawyer to try and sue and stop this.

Again, I am sorry to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
It is not the deceased name that is going to be removed. It is one of the siblings that doesn't want to be included in the obituary of the deceased. I'm sure there has to be some recourse if a person don't want his/her name in the obituary.
Expert:  P. Simmons replied 1 year ago.

Thank you
And sorry for the confusion. The sibling can demand they NOT be mentioned. And if they are mentioned? The sibling can sue the person who paid for the post for invasion of privacy

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Does the demand they NOT be mentioned has to be verbal or written ?
Expert:  P. Simmons replied 1 year ago.

Does not matter. The demand carries no legal weight. So you can make the demand in writing or verbally. If they publish without permission, you can sue them for the violation of privacy.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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