[WSBAPT] Death in Absentia

[Sarah Smith]

So, I realize that this is a long shot, but I figured it is worth a try...


*         Client's spouse went missing 6 years and 2 months ago.

*         No remains/body ever recovered after extensive search by law enforcement and forest service.

*         Client resigned as Power of Attorney for missing spouse in a moment of weakness.

*         All was well until recently-missing spouse's pension discontinued payments to my client.  Pension company refuses to speak with my client or me (understandably).  Power of attorney has made little effort due to a personal strain between herself and my client (and refuses to resign).

We could of course motion for a guardianship and possibly have my client appointed, but that will likely be completed only a few months prior to the expiration of the 7 years.

Given how close we are to the 7 year mark and the raised need at this point has anyone ever attempted to have court deem missing person deceased prior to the expiration of the 7 years?

Anyone?

Thank you,
Sarah E. Smith, Esq.
MULLAVEY, PROUT, GRENLEY & FOE, LLP
2401 N.W. SIXTY-FIFTH
P.O. Box 70567
SEATTLE, WASHINGTON  98127
(206) 789-2511
FAX:  (206) 789-4484
sesmith at ballardlawyers.com<mailto:sesmith at ballardlawyers.com>

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