[WSBAPT] Conservatorship for "missing" person vs absentee estate, and presumption of death

[Eric Nelsen]

I notice that Ch. 11.130 RCW for conservatorships allows such for a person who is "missing or detained." This seems to overlap with the old Ch. 11.80 RCW "estate of absentee" statutes, and as far as I can tell the conservatorship statute is broad enough to completely encompass the scope of "estates of absentees." Does anyone have thoughts on how these interact, or are there materials available that talk about differences?

Except, estate of absentees allows a missing person's assets to be distributed to their heirs at a certain point. Do the conservatorship statutes allow that at some point as well? Or could a conservator rely on the general presumption of death after seven years under RCW 11.05A.050(5)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.050>?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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