Pretty sure it was the latter, because it would be kinda weird for them to go through time and reaching like 900+ years old and still be around whooping Empire/Sith ***.
But even then, George might say one thing and mean something else. We don't know for sure, though. I think the only thing saving Legacy is that it's so far in the future from the current main storylines in the Expanded Universe. They have time to play with, and hoping George relents or dies without stipulating their continued survival in his will. lol
Remember, there are those who take everything George says literally as Canon, *cough*no bras in space*cough*. If he gets notified that they somehow died because of a loophole, and he didn't approve it, he is going to go thermonuclear on the offending author(s).