[WSBAPT] Declaration of death

[Marcia Mellinger]

Dear Lovie,  I have had 2 clients disappear over the years, and there was nothing we could do for (can't remember if it was 5 or 7 years).  Statute allows that declaration only after many years when I looked several years ago.  Best, Marcia
PS I believe that there are temporary steps that can be taken in the meantime (see statute), but an actual declaration of death takes years of waiting.

Date: Thu, 5 Nov 2015 11:33:42 -0800
From: lovie at sbfirm.com
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Declaration of death

Dear listmates, Has anyone petitioned the court to have someone declared dead? My situation is a little screwy, involving a California trust, a missing schizophrenic brother who is the beneficiary of the trust, a death declaration by a California court and the Office of Vital Records in California that refused to issue a death declaration because the court order finding him dead did not list a time and place of death. The brother was last heard from in Washington state, so the California attorney advised the client to seek a Washington attorney to petition the court to issue an order declaring him dead and ordering the issuance of a death certificate in Washington. I’ve drafted a TEDRA petition, but would like to consult with someone to make sure I am on the right track with my petition. If anyone has experience with this and would be willing to talk about the case with me, let me know. Thanks! Lovie BernardiAttorney at LawSeligmann & Flaherty, PLLC216 First AVE S, #450Seattle, WA  98104(206) 682-2616 lovie at sbfirm.comhttp://sbfirm.com **********This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or otherwise have received this message in error, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you are not the intended recipient or otherwise have received this message in error, please notify us immediately by e-mail, discard any paper copies and delete all electronic files of the message.  Circular 230 Notice:  This communication may not be used by you or any other person or entity for the purpose of avoiding any federal tax penalties. 
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