The law puts itself in jeopardy. Since dead people can't be prosecuted for crimes, this guy can pretty much do anything he wants. You can not legally commit an act that violates the law, since "dead" means that you can't actually do anything. And even if you could, you can't be held legally responsible for it.
Desecrating a corpse is usually against the law, though.
If someone really played this out in federal court, it would probably end up in SCOTUS, where the original 3 year limitation would be declared unconstitutional for violating the guy's civil right to life (and it would probably also be declared insane).
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