Peter F. Hamilton, one of the world's preeminent sci-fi writers, wrote a novel (trilogy in fact) that had Al Capone, risen from the dead, as the main antagonist. He wasn't sued by anyone for this and it became his best-selling series to (that) date. I think someone being dead is a pre-requisite for being sure you're not going to get sued, but watch out in case the deceased has executers who want to protect their image.
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