[WSBAPT] Proof of Death of Missing Spouse

Mon Aug 15 11:06:59 PDT 2022

Thank you for your thoughts.  Despite guidelines, it certainly does seem that experience plays a huge role in how efficiently this type of matter is handled.

Melody

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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua Grant <jgrant at advocateslg.com>
Sent: Monday, August 15, 2022 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Proof of Death of Missing Spouse

I agree with Amy.

I have found the crucial item in getting a presumed death certificate is working closely with the coroners office.  I know some smaller counties coroners’ are not as familiar with the statue or  presumed death certificates.  In one case where decedent went boating and left a suicide note and witnesses saw him leave in his boat, the local coroner waited one year before issuing a presumed death certificate.

Josh

Joshua F. Grant
[cid:image001.png at 01D8B089.41D62130]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

jgrant at advocateslg.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
Sent: Friday, August 12, 2022 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Proof of Death of Missing Spouse

Melody,

            Take a look at RCW 11.80 Estates of Absentees.  This would not address the life insurance issue, but could be helpful with other assets.  If you know where the disappearance/death occurred, it may be possible to have a “presumed death” death certificate issued.  I had clients who were able to have this done for parents.  The parents disappeared while boating.  The bodies were not recovered, but debris from the boat was.  I was not involved in the process, so I don’t know what was required.  They had the added complication of determining whether the death likely occurred in US or Canadian waters.  In my case we initiated the process under 11.80 while waiting for a death certificate.

Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image002.png at 01D8B089.41D62130]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.eisenhowerlaw.com%252f%26c%3DE%2C1%2CKOiLs7jvG1ZyVJ47krH-RpM0ci0MAEEnBuXo3gjP60zta38du58_7DfNcER8qSfJEvIg9rzteBXDlebs0OW48TslpqeLD19t1treqKmGrGUcRWROJPk%2C%26typo%3D1&data=05%7C01%7C%7C20ab768322474586864908da7edc82d9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637961782830325415%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2BMO68OmcT4ejzd5U209uUUWJ%2Bxbt67%2FwMORhzRiIoFc%3D&reserved=0>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Melody Tucker Law
Sent: Friday, August 12, 2022 10:43 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Proof of Death of Missing Spouse

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<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fMelodyTuckerLaw.com%26c%3DE%2C1%2C-RAlRmgk5zwHa53Vrn2uys_p9NwAL8aI90EgENb2o_74Qpt2prlu57xwDxFfngdL8ghF1zLrrBxLZMvId2TMUeA2ls0OBdaeNB9Ib4Eq%26typo%3D1&data=05%7C01%7C%7C20ab768322474586864908da7edc82d9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637961782830325415%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xkyyigb1E4%2B76H1mCjIM%2BrNoadeVhCgnc5X5D05JGdc%3D&reserved=0>

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