[WSBAPT] Petitioning court to declare missing person dead

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
                                                                                                                                     
                              
 Ronda
 
I have done this in the context of divorce. 
 
So, first I filed a petition for divorce.  Then in that action, I  
filed a Motion for Declaratory Judgment.  I asked that the order and  
judgment find that the missing person was deceased and asked that the  
coroners office or medical examiner be ordered to issue a certificate  
of presumed death. Also asked for dismissal of divorce action if  
judgment granted as wife didn't actually want a divorce.
 
I would say you need a declaration from not just ONE person who would  
be the likely beneficiary-  you'd probably have to meet the  
requirements of a Small Estate Affidavit.
 
 In my case, to avoid concerns that wife trying to get a declaratory  
judgment without giving notice of a divorce to H, in addition to wife,  
 I provided declarations from mother, brother, and in-law of  
disappeared (persons who would want person to be alive) stating no  
word or contact from the person and why they believed him to be  
deceased.  I also provided research material of the probability of  
death. [in our case, a disappearance in the Arizona desert]. If this  
person’s disappearance had been reported in the newspaper at the time  
of the disappearance, then that would be good information to include,  
etc.
 
 
 
 
Andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington  98101
206-224-8288
www.seattle-silvalaw.com[1]
 

Quoting Ronda Larson Kramer <ronda at larsonlawpllc.com>:

> Listmates,
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>    Pro se’s dad would be 101 currently and he has been missing since  
> 1987. She has repeatedly asked the Dept. of Health for a death  
> certificate but it has told her it needs a court order. Should she  
> file a petition in superior court titled something like “Petition  
> for Order Declaring Person Dead”, citing RCW 11.05A.050(5), and  
> detailing by a declaration the actions she has taken throughout the  
> years to find out if he is alive or dead? The goal is to get the  
> state unclaimed property office to disburse funds.
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>    Any thoughts would be appreciated.
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>    Thanks.
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>    RONDA LARSON KRAMER
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>    J.D., LL.M. TAXATION, OWNER
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>    LARSON LAW, PLLC
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>    ELDER LAW, ESTATE PLANNING
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>    P.O. Box 7337
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>    Olympia WA 98507   
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>    Ph: 360-259-3076   
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>    ronda at larsonlawpllc.com
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>    www.larsonlawpllc.com[2]
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Links:
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[1] http://www.seattle-silvalaw.com/
[2] http://www.larsonlawpllc.com/

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