[WSBAPT] Proof of Death of Missing Spouse

[Melody Tucker Law]

Hello.

I have a PC who has contacted me with a situation I had never thought of before and would really appreciate any and all input.

PC’s husband has disappeared. the presumption is he has died but his body has not been found after extensive searches.  The Police Department, Sheriff's Department, search and rescue, friends and all family members agree that the gentleman has died, but he has not yet been found.

He was the sole breadwinner in the family. They have two minor children, and she has been a stay-at-home mom and actually, though well educated, has never worked outside the home.

He has very good life insurance and a policy that will cover the unpaid mortgage should he die.

She called me to ask what to do about getting access to that insurance policy because without his income, she will likely lose the home.

I know that after seven years, he can be declared dead and a death certificate issued. But is there anything that can be done prior to that 7-year period to shorten that time? For instance: to document all the efforts that have been made by all the entities involved in the search to locate this gentleman's body so that the death certificate can be issued and the insurance policy paid.

All thoughts, ideas, suggestions, etc., are greatly appreciated.

Melody Tucker



Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980      Fax: 425-743-5921
website:  MelodyTuckerLaw.com




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