[WSBAPT] Death Certificate - Missing Body

[Jamia Burns]

Thank you Andrekita. The information you provided is really helpful.

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Sat, Jul 10, 2021, 6:19 PM Andrekita Silva <ak at seattle-silvalaw.com>
wrote:

> 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.
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> *andrekita Law Office of F. Andrekita Silva 1325 Fourth Avenue, Suite 2000
> Seattle, Washington 98101 206-224-8288 www.seattle-silvalaw.com
> <http://www.seattle-silvalaw.com>*
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> Quoting Sarah Smith <sesmith at ballardlawyers.com>:
>
> Review RCW 11.80.  That’s the best place to start.
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> Good luck,
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> Sarah E. Smith, Esq.
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> MULLAVEY, PROUT, GRENLEY & FOE, LLP
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> 2401 N.W. SIXTY-FIFTH
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> P.O. Box 70567
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> SEATTLE, WASHINGTON  98127
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> (206) 789-2511 ext. 1124
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> FAX:  (206) 789-4484
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> sesmith at ballardlawyers.com
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> *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
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> 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.
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> Respectfully,
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> Jamia S. Burns
> Attorney at Law
> (360) 739-6379
>
>
>
> Office: 1200 Dupont St., Suite 1-D
>
>
>
> Bellingham, WA 98225 (By Appointment Only)
>
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> jamia at jamiaburnslaw.com
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> www.jamiaburnslaw.com
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