Presumed by whom? Whose presumption has the force of law? I don't believe these are necessarily settled areas of the law. Certainly a determined attorney can build a case and I think that makes for an interesting matter which is my only point in all of this discussion.
The Obituary: http://www.legacy.com/obituaries/dispatch/obituary.aspx?n=Jeanne-Roe&pid=163314539#fbLoggedOut
The SCOTUS ruling in Hosanna-Tabor: http://www.supremecourt.gov/opinions/11pdf/10-553.pdf