[WSBAPT] Death Certificate - Missing Body

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
________________________________________________________________________
 
.                                                        
                               JULY 10, 2021          
 
JAMIA,

   

  I SECURED A CERTIFICATE OF PRESUMED DEATH UNDER THE OLD STATUTE RCW  
70.58.390 ABOUT 4 YEARS AGO.  THIS WAS REPLACED ON JANUARY 31, 2021 BY  
RCW 70.58A.200(8).

   

  UNDER THE OLD STATUTE, THE CORONER, MEDICAL EXAMINER AND PROSECUTOR  
HAD THE AUTHORITY TO DO SO IF THEY DETERMINE THERE IS SUFFICIENT  
CIRCUMSTANTIAL EVIDENCE THAT THE PERSON DIED IN THEIR COUNTY OR WAS  
LAST SEEN IN THEIR COUNTY.  THE NEW STATUTE LOOKS ROUGHLY THE SAME TO  
ME.

   

  I WAS NOT SUCCESSFUL IN PERSUADING THE KING COUNTY ME TO ISSUE A  
CERTIFICATE. I EVENTUALLY HAD TO SEEK A DECLARATORY JUDGMENT AND GET  
AN ORDER OF THE COURT. MY CASE WAS PARTIALLY COMPLICATED BECAUSE THE  
PRESUMED DECEASED WAS LAST SEEN IN A DIFFERENT STATE (ARIZONA) AND IT  
WAS BELIEVED HE DIED THERE (LAST SEEN TRYING TO CROSS THE ARIZONA  
DESSERT- SO PRETTY LIKELY HE DIED THERE.) ARIZONA LAW (AT THAT TIME)  
AUTHORIZED THEIR CORONER TO GIVE TO THEIR RESIDENTS.  BUT, THE  
DECEASED WAS A RESIDENT OF KING COUNTY.

   

  SO, IF YOUR PC LIVES IN WASHINGTON AND THE LAKE HE DISAPPEARED FROM  
IS IN WASHINGTON, YOU WON’T HAVE THE BARRIER I DID (ONE OF THE CASES I  
READ WAS LITIGATED BECAUSE A BOAT WENT DOWN DURING A STORM ON OPEN  
WATER SOMEWHERE ON THE BORDER BETWEEN CANADA AND THE U.S., NO ONE KNEW  
WHERE EXACTLY THE BOAT WENT DOWN- CUZ THERE WAS A TERRIBLE STORM AND  
NO ONE COULD SEE … ). 

   

  IF LIFE INSURANCE IS INVOLVED, I SUSPECT AN INSURANCE COMPANY MIGHT  
REQUIRE A SIGNIFICANT HUNT AND WAITING PERIOD AND AN ME OR CORONER  
MIGHT BE HESITANT TO ISSUE TOO QUICKLY.  BUT THE CORONER OR ME IS  
WHERE YOU WOULD START.

   

  ANDREKITA
LAW OFFICE OF F. ANDREKITA SILVA
1325 FOURTH AVENUE, SUITE 2000
SEATTLE, WASHINGTON 98101
206-224-8288
WWW.SEATTLE-SILVALAW.COM

Quoting Sarah Smith <sesmith at ballardlawyers.com>:

> Review RCW 11.80.  That’s the best place to start.
>
>     
>
>     
>
>     
>
>     
>
>    Good luck,
>
>     
>
>     
>
>     
>
>     
>
>    Sarah E. Smith, Esq.
>
>     
>
>    MULLAVEY, PROUT, GRENLEY & FOE, LLP
>
>     
>
>    2401 N.W. SIXTY-FIFTH
>
>     
>
>    P.O. Box 70567
>
>     
>
>    SEATTLE, WASHINGTON  98127
>
>     
>
>    (206) 789-2511 ext. 1124
>
>     
>
>    FAX:  (206) 789-4484
>
>     
>
>    sesmith at ballardlawyers.com
>
>     
>
>     
>
>     
>
>     
>
>    NOTICE: This is a private and confidential communication for the  
> sole viewing and use of the intended recipient.  This communication  
> may contain information, protected by the attorney-client privilege  
> or work product doctrine.  If you are not the intended recipient of  
> this communication, please immediately notify the sender and delete  
> and destroy all copies of this communication, whether in paper or  
> electronic form.  The unauthorized disclosure, distribution,  
> copying, or use of information contained in this communication may  
> violate State and Federal laws, including but not limited to the  
> Electronic Communications Privacy Act, 18 U.S.C. 2510 et. Seq. and  
> the Washington Privacy Act, chapter 9.37 RCW.
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     
>
>     FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Jamia Burns
> SENT: Friday, July 9, 2021 12:40 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Death Certificate - Missing Body
>
>      
>
>     
>
>     
>
>     
>
>     Has anyone had to request a death certificate when the body is  
> missing? It appears that my potential client's husband, who was very  
> sick and in extreme pain, may have taken his life by walking into a  
> lake and drowning himself (shoes and walking stick found beside the  
> water). Search and Rescue have been unable to find the body after  
> one week. Any guidance would be extremely appreciated. 
>
>      
>
>       
>
>       
>
>       
>
>
>      Respectfully, 
>
>       
>
>
>       
>
>       
>
>              Jamia S. Burns
> Attorney at Law
> (360) 739-6379
>
>               
>
>
>              Office: 1200 Dupont St., Suite 1-D
>
>               
>
>
>              Bellingham, WA 98225 (By Appointment Only)
>
>               
>
>
>              jamia at jamiaburnslaw.com
>
>               
>
>
>              www.jamiaburnslaw.com[1]
>
>               
>
>
>               
>
>               
>
>               
>
>
>              NOTICE: This e-mail may contain confidential or  
> privileged material and is intended for use solely by the  
> above-referenced recipient. Any review, copying, printing,  
> disclosure, distribution, or other use by any other person or entity  
> is strictly prohibited. If you are not the named recipient, or  
> believe you have received this e-mail in error, please reply to the  
> sender and delete the copy you received. Thank you.
>
>               



Links:
------
[1] http://www.jamiaburnslaw.com

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210710/11643790/attachment.html>