Easter and Probate Complications
by Rev. Jack M. Cascione

 

Easter is about Christ rising from the dead. It is the promise that those with faith in Him will also rise from the dead to eternal life in heaven. However, in the case of Christ’s resurrection from the dead we have the special case of someone who first returned to life on earth and then later ascended into heaven.

A person who actually rises from the dead may face a lot more problems than he realizes. According to the law, if an individual were to rise from the dead he or she would be a destitute, homeless, alien. At Easter we just don’t think about all the legal difficulties with wills, property rights, deeds, contracts, marriage, citizenship, and a host of potential problems for anyone who actually rises from the dead. According to the law, all claims to property, citizenship, titles, deeds, contracts, marriage, bank accounts, assets, etc., are irrevocably terminated at death.

In the opinion of Dr. Margaret Rose, probate attorney, oldest practicing woman lawyer in Michigan, and also a resident of St. Clair Shores, there is no contingency in the law for a resurrection from the dead. The risen person, "...would be a different person in the eyes of the law," says Rose. He or she would have to petition the courts for a new identity, name, social security number, and citizenship, just for starters. Absolutely no legal claims could be reestablished from the prior life. In the eyes of the law the dead stay dead.

The Bible states that Christ made Himself obedient to every point in the law. It also says that at His death He purchased the church with His death on the cross. Therefore, according to the law Christ has no claim to ownership of the church after the resurrection.

We are not talking about a case of a missing person or someone whom the doctor mistakenly thought was dead. In the state of Michigan a person must be missing for seven years to be declared legally dead. Many recall the well known comedy, "My Favorite Wife," staring Cary Grant. In the film, a woman shipwrecked on a desert island returns home just before her husband is about to remarry, and must be declared alive by the courts.

However, in the "Easter Event" we are speaking about what happens to someone who was declared dead by the coroner, the body interred, and the will passed through probate. In the opinion of Dr. Rose, that person would not be able to reestablish any claim to property, deeds, marriage, bank accounts, titles, contracts, etc., under the law. The disbursement of assets in a will to the heirs can never be reversed after death.

Christ did raise Lazarus from the dead. Of course, Lazarus never planned to return from the dead in this life, but to heaven. We can only assume that his sisters, Mary and Martha, presumably his heirs, were generous enough to return his property to him. However, with Jesus Christ the legal problems of human law are much more complicated. How does He regain ownership of the church He died for according to the human law He placed Himself under at birth?

Granted, laws have changed since 30AD but there were wills then and now. Again, Doctor Rose was asked if there is a way to reclaim property if one rises from the dead. "What if the deceased willed himself his own property?" Rose, who by habit speaks with the precision of a text book, blurted out, "This is crazy." I said just think about it theoretically. Rose replied, "No court has ever had to deal with the issue. However, one could name themselves as their own beneficiary in their will." She also warned that anyone who has such a foolish idea had better include other beneficiaries or the entire estate reverts to the state of Michigan.

She explained that first, the courts would have to give the resurrected person a new identity. However, more important, the resurrected person has to know who they are going to be when they will their property to themselves before they die. She added, "It has never happened." I responded, "Yes, it did, though it may never happen again."

According to the Scripture all these legal difficulties were taken into account at the resurrection of Christ. Yes, Christ lost ownership of the church He purchased at His death. However, the Bible predicts in the Old Testament and claims in the New Testament that the church belongs to Christ by inheritance. In other words, Christ named Himself as his own beneficiary in His will at the Lord’s Supper. He says, "This is the New Testament (or new will) in My blood" and then says He will be taking the Supper again in a new way in His kingdom. He creates and receives His own Supper. He is both the Will Maker and Beneficiary with us in His will.

After the resurrection He proves who He is and then inherits the church He purchased with His own blood. Psalm 74:2 Remember thy congregation, [which] thou hast purchased of old; the rod of thine inheritance, [which] thou hast redeemed; this mount Zion, wherein thou hast dwelt. Eph. 18 The eyes of your understanding being enlightened; that ye may know what is the hope of His calling, and what the riches of the glory of His inheritance in the saints,...

The Bible says that Christ owns the throne of David by God and is also Heir to the throne of David through the Virgin Mary. In the same way Christ is also Creator and Redeemer of His own creation. He is also the cause of our first birth and our rebirth through baptism.

Christ had to become human so that He could inherit human things. He had to be divine so that we could inherit heavenly things from Him. We inherit Christ’s kingdom and He inherits us.

One of the most striking of the many verses that says we inherit Christ and He inherits us in Ephesians 1:12-20. Verse 14 speaks about our inheritance and verse 18 speaks about Christ’s inheritance after the resurrection in verse 20.

There can only be an inheritance if someone dies. Christ’s death makes us His heirs and His resurrection makes us His inheritance. When we rise from the dead He knows who we will be, and we inherit His kingdom that He willed to us at our baptism. This is the only instance in human history where the deceased returns to reclaim the results of His labors, namely, us. Because Christ rose from the dead we all inherit eternal life by faith at our own resurrection.


Note 1 Christ had to fulfill all laws including laws of property ownership and inheritance.
Mat 5:17-18, Mat 24:35, Luk 16:17, Luk 24:44, Rom 3:31, Gal 4:4

Note 2 Christ Redeemed, Purchased and Bought the Church.
Psa 74:2, Act 20:28, ICo 6:20, 1Co 7:23, Eph 1:7, Eph 1:14, Col 1:14, 1Pe 1:18-19, Rev 5:9, Heb 9:12.

Note 3 Christ both David’s Root and Branch.
Psa 110:1, Mat 22:42-43, Mar 12:35-37, Luk 20:42, Act 2:34, Act 13:33, Rev 22:16

Note 4 The inheritance of Christ. (Some of the 240 verses and many more cognates on the subject of inheritance.)
1.The Lord gave the 12 tribes of Israel the land of Canaan for an earthly inheritance.
2. The Lord gave himself the people of Israel as his earthly inheritance.
3. The Lord gives the spiritual children of Israel an eternal inheritance in heaven.
4. Christ is the inheritance of Israel.
5. Israel is the inheritance of Christ.
Exo 15:17, Exo 34:9, Deu 32:8-9, Jos 13:14, 2Sa 21:3, Psa 2:8-9, Psa 33:12, Psa 37:18, Psa 74:2, Psa 78:62, Psa 78:71, Psa 94:14, Psa 106:5, Psa 106:40, Isa 19:25, Isa 47:6, Isa 54:3, Isa 63:17, Jer 10:16, Jer 16:18, Jer 32:8, Eze 44:28, Zec 2:12, Mat 21:38, Act 20:32, Act 26:18, 2Co 3:6, 2Co 3:14, Gal 3:18, Gal 4:30, Eph 1:14, Eph 1:18, Eph 5:5, Col 1:12, Col 3:24, 1Pe 1:4, Heb 1:2, Heb 1:4, Heb 9:15-20, Heb 13:20

Easter Text That Explains our inheritance and Christ’s Inheritance through the Resurrection.
Eph 1:12-20

Old Testament Text that gives the type or a shadow of the inheritance Christ won for us and received for Himself at the same time.
Ruth 4: 4-11


Rev. Jack Cascione is pastor of Redeemer Lutheran Church (LCMS - MI) in St. Clair Shores, Michigan. He has written numerous articles for Christian News and is the author of Reclaiming the Gospel in the LCMS: How to Keep Your Congregation Lutheran. He has also written a study on the Book of Revelation called In Search of the Biblical Order.
He can be reached by email at pastorcascione@juno.com.

This article was edited for the Readers of the "St. Clair Shores Sentinel" and originally published for Easter 1998.

April 12, 1998