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My question is this I want to start a non-profit foundation who someone who is dead, do I contact the family's lawyer or go through the wills and estates lawyer?

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Dead people can't contract, so there's no way to start a non-profit with anyone who's dead. if you want to license the name of dead person, that may be possible through whoever controls their publicity or IP rights, which could be a trust, a foundation, or other entity. Starting with the family lawyer is your best bet, and you can also do a search for corporations and LLCs on the Secretary of Stater website, linked below, and contact any agents listed there.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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