Gigi3
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Interesting information. If you ever followed the Michael Chambers case (he’s still missing) from Texas, the wife had him declared dead within 6 months, I believe, in order to collect benefits. Even though In Texas it’s supposed to be 7 yrs. IIRC. She somehow knew the right people and made it happen. I could not believe it! Very suspicious circumstances as well. FWIW! JMO.Jurisdiction for Presumed Death Suit?
^ snipped for focus
IIUC, jurisdiction for procedure to declare a person dead is in the state of last domicile (for this sake of simplicity in this discussion = residence) of the presumptive deceased.*
If/since RT & BT live in Bullhead City, AZ, jurisdiction* would be in St. of AZ, and venue** would be Mohave County AZ probate court.
I'm ready to be corrected on this***, but if correct, then like St of CA, St of AZ's required absence is five years. A loooooong way off.
Jmo.
Where are our atty's & legal professionals? Thoughts on this? Thx in adv.
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AZ statutes:
*. 12-509. Presumption of death from five year absence; restoration of estate recovered upon presumption
A. A person absenting himself from the place of his last domicile for five years successively shall be presumed dead in any action wherein his death comes in question, unless proof is made that he was alive within that time.
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/00509.htm
** 14-3201. Venue for first and subsequent estate proceedings; location of property
A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
1. In the county where the decedent had his domicile at the time of his death.
View Document
*** IANAL and I don't play one on TV.
Not at all saying this is a possibility here, but I guess if you have the right connections...