[WSBAPT] Death Certificate - Missing Body

[Jamia Burns]

Thank you Joshua. Sounds like this will take some time.

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 Mon, Jul 12, 2021, 1:51 PM Josh Grant <jgrant at accima.com> wrote:

> 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*
> [image: advocates]
> 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.
>>
>>
>>
>>
>>
>>
>> *andrekitaLaw Office of F. Andrekita Silva1325 Fourth Avenue, Suite
>> 2000Seattle, Washington 98101206-224-8288www.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.
>>
>>
>>
>> MULLAVEY, PROUT, GRENLEY & FOE, LLP
>>
>>
>>
>> 2401 N.W. SIXTY-FIFTH
>>
>>
>>
>> P.O. Box 70567
>>
>>
>>
>> SEATTLE, WASHINGTON  98127
>>
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>> (206) 789-2511 ext. 1124
>>
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>> FAX:  (206) 789-4484
>>
>>
>>
>> sesmith at ballardlawyers.com
>>
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>>
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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)
>>
>>
>>
>> jamia at jamiaburnslaw.com
>>
>>
>>
>> www.jamiaburnslaw.com
>>
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