[WSBAPT] Death Certificate - Missing Body

Mon Jul 12 13:46:58 PDT 2021

I had one of these last year.  Coroner issued presumed death by drowning about 1 year after DOD.  I had several months of getting the state to issue the certificate after I paid for it. Maybe a dozen emails.  There was some problems between the coroner and the state communicating.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jamia Burns 
Sent: Saturday, July 10, 2021 9:13 PM
To: ak at seattle-silvalaw.com ; WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Death Certificate - Missing Body

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.

  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

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