As curiosity killed the cat and this is a busy time for all of us...

Yes, Mr Smith was a man.  Yes, he deff died.

No, my client and he were not married or related.

My apologies and please, excuse my own "do it yourselfer" self for any offense in my typing quick vs quit re: deed and giving too much information that was not necessary in this thread. 

This issue is very complicated and maybe once in a lifetime for me and my client.  IF I ever run into this situation again will be sure to send client to BobKamman.

Thanks SO very much Folks for your input, patience and help.  Appreciate your time.

20 days and counting till 4/18!  Woot!