[WSBAPT] missing person
Andrekita Silva
ak at seattle-silvalaw.com
Thu Mar 11 02:05:55 PST 2021
Law Office of
F.ANDREKITA SILVA
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March 11, 2021
Shannon,
I HAVE NEVER ASKED THE PIERCE COUNTY CORONER/ ME ETC. FOR A
CERTIFICATE OF PRESUMED DEATH. HOWEVER, I BELIEVE THEY HAVE 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. RCW 70.58A.200 JUST REPLACED THE PRIOR
STATUTE (RCW 70.58.390) IT LOOKS THE SAME TO ME.
I DON’T THINK THAT THE "7 YEAR MISSING" PRESUMPTION IN
RCW 11.05A.050 IS A PREREQUISITE TO A CORONER DETERMINING THERE IS
SUFFICIENT CIRCUMSTANTIAL EVIDENCE OF DEATH PURSUANT TO RCW 70.58A.200.
I WAS NOT SUCCESSFUL IN PERSUADING THE KING COUNTY ME ABOUT 4 YEARS
AGO. BUT, I WOULD SAY YOU HAVE NOTHING TO LOSE BY ASKING. I BELIEVE
THE CORONER HAS THE AUTHORITY TO MAKE THAT DETERMINATION AND THE WORST
THEY CAN DO IS SAY NO.
I AM CURIOUS WHAT OTHERS MIGHT SAY.
ANDREKITA
LAW OFFICE OF F. ANDREKITA SILVA
1325 FOURTH AVENUE, SUITE 2000
SEATTLE, WASHINGTON 98101
206-224-8288
WWW.SEATTLE-SILVALAW.COM
QUOTING SHANNON JONES <SHANNONJ at CAMPBELLBARNETTLAW.COM>:
> Has anyone had experience requesting the Pierce County Coroner issue
> a death certificate for a missing person prior to the presumptive 7
> year period and without filing court action? I succeeded once with a
> coroner in Easter WA where circumstantial evidence of death was
> strong, though no body was recovered. The missing person has two
> minor children who need access to his death benefits and estate, and
> we appear to have strong evidence of death but no body has been
> recovered and we are only 3 years into the 7 years - Shannon
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> SHANNON R. JONES | ATTORNEY
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> Campbell Barnett PLLC
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> P: 253.848.3513| F: 253.845.4941
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> 317 South Meridian
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> Puyallup, WA 98371
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> shannonj at campbellbarnettlaw.com
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> _campbellbarnettlaw.com[1]_
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> This transmission contains confidential attorney-client
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Links:
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[1] https://campbellbarnettlaw.com/
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