[WSBAPT] Fwd: Re: Presumption of Death after 7 years

[Andrekita Silva]

Law Office of F. Andrekita Silva
_____________________________________________________________________________________

April 24, 2024

Marcus,

In the past, I have filed a Motion for a Declaratory Judgment within an 
existing case.

I ask the judge for a judgment and order finding that XXX is deceased, 
based on the facts presented.
I ask for an order requiring the coroner to issue a death certificate.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

-------- Original Message --------
Subject: Re: [WSBAPT] Presumption of Death after 7 years
Date: 2024-04-24 14:23
 From: Marcus Fry <MFry at hawleytroxell.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>

I can tell you I thought about using this statute in a missing trust
beneficiary case.  What gives me pause is the tile of the Chapter-
Uniform Simultaneous Death Act.  Moreover, the majority of the
Chapter's provisions focus on minimum survival requirements.  With
that said, the statute never actually limits the applicability of RCW
11.05A.050 (evidence of death) to simultaneous deaths.

Let me know if you file a petition and make the argument of its
application.

Best of luck,

Marcus

 From: wsbapt-bounces at lists.wsbarppt.com
<wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Cuellar
Sent: Wednesday, April 24, 2024 1:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Presumption of Death after 7 years

* NOTICE: EXTERNAL EMAIL *

-------------------------

All,

Has anyone had experience using RCW 11.05A.050(5), which states that
"[a]n individual whose death is not established under this section who
is absent for a continuous period of seven years, during which he or she
has not been heard from, and whose absence is not satisfactorily
explained after diligent search or inquiry, is presumed to be dead."?

How does one go about invoking this statute? Can I cite it in a Petition
for establishing probate to explain away a missing heir, or do I need to
move for a separate order (separate TEDRA case!?) that declares Heir A
deceased by reason of RCW 11.05A.050(5)?

My (free) caselaw databases don't return a single case that cites this
statute.

Thanks for your time,

Sarah

Law Office of Sarah N. Cuellar, PLLC

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