Q: What if the pervious owner of the ipone has passed away and you are unable to get the login?

Then you take the device, its original purchase receipt, and his death certificate to an Apple Store. If they won't unlock it, you can't use it.

(132907)

You can't. The Apple ID is forever associated with the original owner.

Take the phone to an Apple Store with a copy of the death certificate, the original purchase documents, and proof that you are now the owner. they may be able to unlock it for you. (I should ring and make an appointment.)

Apple store Genius Bar staff are now helping in these situations provided you can produce original proof of ownership and an original death certificate.  They have reported to be very helpful to the families.