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by sokoloff 2057 days ago
No, I do not. If my grandfather left my father $X, my father left me $Y, at the very most the maximum would have to be the lesser of $X and $Y, decremented by the full cost of answering the lawsuit.

This is problematic from a variety of practical angles, though, not just mathematical ones. It seems like something the forensic accounting lobby would salivate over.

Should I be forced to defend a lawsuit because my great^6 grandfather owned slaves? (As far as I know, none did.) That’s more abhorrent than legally dumping chemicals that today’s common sense says should have been done differently.

2 comments

Yes.

The only think which could in anyway get close to legality would be to:

- Legally hold a case against whoever did it and win it. (Can even legally have a case against a dead person?) This requires thinks to have been illegal when done.

- Requiring that (likely dead) person to pay a fine based on existing law.

- Arguing that whoever accepted an inheritance did inherit the fine, too.

But as far as I know every point of this list has many legally questionable aspects.

But what you MUST NOT do under any circumstances in a state of law is to not base judgement on law but arbitrary "I feel like this should be done" arguments. This is also why it's of upmost importance to fast adapt laws make them general instead of specific and not put any loop holes in them. Because then you can judge people to some degree even if they do something bad even if that specific think wasn't explicitly forbidden. (E.g. based on a generic law which makes any form of causing environmental damage in a context where it's reasonable to assume it the person should have been aware illegal. Sure you need some threshold, too. Else driving your care is illegal.)

I'm sure you could have a civil case against a dead person's estate. Although, my understanding is it's legally and logistically challenging to reopen an estate after it has been settled.

I don't see how you could have a criminal trail against a dead person in the US, without violating the sixth amendment. It would be impossible to inform the deceased of the charges, etc.

But if you grandfather lost all of $X, your father would not have any of $Y (based entirely on $X being an amount they got from business dealings and $Y being a smaller amount which came from $X).
That strikes me as non-sensical.

My father had his own earning, creating, and saving abilities.

Subtract it from what he would have earned if he had dumped the cash into an index fund, and we may find that his earning, creating and saving abilities were negative. His only profitable skill may have been having a father who dealt in slaves.