ARTICLE:
RIGHTS THAT TERMINATE AT DEATH
The purpose
of the article is to explore those rights that terminate at death, i.e., those
rights that
are not
enforceable either by or against the decedent’s estate.
PRIVACY
RIGHTS: Privacy rights are personal and
die with the individual. See Nester v.
Posner, 857
So. 2d 953 (Fla. 3rd DCA 2003).
In Nester, the decedent's employees signed
confidentiality
agreements which barred the disclosure of any information regarding the
decedent’s
private life, finances, state of mind, health, etc. One of the employees was a witness
to the
decedent's will. When the decedent’s grandchildren sought information from the
employee
concerning
the decedent's testamentary capacity and possible undue influence, the PR sued
the
grandchildren
for tortious interference with the employee's confidentiality agreement. The
grandchildren
moved to have the confidentiality agreements nullified so they can conduct
