Declared death in absentia - Wikipedia, the free encyclopedia
I would guess this is something a family member would have to request, depending on where you live, some states would consider you legally dead if you are missing after seven years.
This was really interesting, Skeet. Thanks.
Some of the subtler things they are saying can actually be quite significant. For example, the requirement that the disappearance be "without explanation" completely stymied my grandmother's quest to have my grandfather declared dead. Because a woman in my grandfather's firm disappeared at the same time he did, and someone asserted he had a relationship with her, the army said that "explained" his disappearance -- even though there was no concrete evidence to support that he ran off with her. Years later, when this woman returned with the
actual guy she ran away with (i.e., not my grandfather), they still wouldn't declare my grandfather dead for their purposes, and to this day no one has been able to collect a special benefit he was due as a WWI veteran (worth roughly a few thousand dollars at the time).
In SL's case, could any reasonable justification anyone who knew her provided about possible reasons for why she might have fled keep her from being declared legally dead now? In her case, nothing about her circumstances (i.e., actual evidence) seems to justify death -- just time. Right?
And what would be the benefit of declaring SL dead? At her age, she would have had no assets her parents needed the legal right to dispose of. She may or may not have had a life insurance policy. If I were her mother, and had no compelling practical reason to declare her dead -- I don't think I could do it either! Just thinking about it makes me a little sick. I remember when Natalee Hollaway's mother resisted her ex-husband's efforts to do this, I completely understood why. I don't think I could ever close that door without
knowing.
If SL's parents did indeed leave her property in 2007, after being missing for 32 years, this could have motivated the search in 2010. The efforts ASWDH listed way back when (see below) do seem to fulfill the U.S. requirement that a "d) diligent but unsuccessful search for that person and inquiry into his/her whereabouts" be conducted. I also wonder if her parents leaving SL part of their estate could also be used to justify NOT declaring her dead, as it showed they believed she was alive?
These things can be complicated ...
ASWDeerHunter, Thread 1, Post 806: "As far as the overall search has now proceeded, All mental hospitals in the U.S. were checked, passport office for a match, all airport, cruise ships, charters, any means of transport out of the U. S. were checked. All prisons, missing or unidentified bodies/coroner dept all states. To this present time all rocks have been turned."
