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Regardless of death the fact remain that Orochimaru's mind(s) "live" within the hosts regardless of what happens to his "original" form. Thinks Kushina and Minato as well, Kushina died and yet her spirit was sealed inside Naruto while Minato's soul was sealed inside the Shinigami and yet still managed to seal himself (or part of himself, or his mind or however it works) inside Naruto as well.
There is many ways for Tobi to "be" Madara or to be convinced to be Madara (Genjutsu imprinted personality/memory for example) but the fact is that they seem to be nothing alike.
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