Respectfully snipped and BBM. What does this mean? Does it mean Georgia's will is not on file?
Apparently not.
Wouldn't Fontelle be considered as being married to him this whole time he's been missing??? I mean if he is declared dead in 2014, 5 years after he disappeared, wouldn't the DOD be 2014 or whenever the courts legally declare him dead and not have the death date be retroactive back to July 27, 2009, the day he disppeared??? So when Bob is declared dead by the daughters via the courts, won't she have been married to him for 5 years?? Not one month??
Yes. She would.
No, not being facetious at all. I forget names and words and then it bugs me like crazy. Thank you very much for your help! I remembered the name as soon as I saw your post.
Agreed, it was a very strange and tragic case. And a baby left behind too, and an estranged grandma, I think. Hope the baby is loved and thriving now, money or none.
Since you don't live in America, it's not surprising that you can't remember her name. She's not as popular in other countries!!! (We tend to think everyone knows everything about American celebs!!)
If an application is made to the court for declaration of death, the court determines the date of death on the evidence.
Probate Code, California.
http://www.leginfo.ca.gov/index.html
Yes and no. There are special rules that govern missing person cases and generally, the missing person is determined to have died at the end of the five year period:
2. [14:414]
Who is a Missing Person for Purposes of Decedent's Estate Administration: For purposes of estate administration, a missing person is
presumed deceased if (i) he or she has not been
seen or heard from for a continuous five-year period by those who are likely to have seen or heard from that person, (ii)
diligent search for and inquiry about the missing person's whereabouts have been shown, and (iii) the missing person's absence
cannot be satisfactorily explained. The presumptive death is deemed to have occurred at the end of the five-year period unless there is sufficient evidence to establish death occurred earlier. [
Prob.C. §§ 12400,
12401; see
In re Starr (2002) 104 CA4th 487, 495496, 128 CR2d 282, 287288presumption inapplicable where absence is
capable of satisfactory explanation other than death (e.g., flight to avoid imprisonment);
Geiger v. United States Dept. of Justice (1992) 3 CA4th 127, 135136, 4 CR2d 252, 257evidence of staged death to avoid imprisonment provided satisfactory explanation for absence]This presumption is a presumption
affecting the burden of proof. [
Ev.C. §§ 667,
660] On the effect of such a presumption,
see ¶
14:437.
Well, we are not in a court of law. Thus, the rules of evidence have zero to do with our investigations and research into what may have happened. If websleuths was limited to discussions of only what may be admissible in a court of law, most discussion would grind to a halt. Further, if LE investigators refused to explore or consider or use as a guidepost, evidence that may be inadmissible in a court of law, most investigations would grind to a halt as well.
Moreover, I note that you yourself are using hearsay to insinuate that Mrs. Harrod may have been involved in the death of her long lost love. Why is it okay for you to use to support a very speculative position that is not supported in any way shape or form by any of the evidence, but no one else can when it comes to facts that LE at least believe points to a valid motive?
Finally, I find any insinuations that Mrs. Harrod might have been involved to be disgustingly offensive. Zero evidence, "admissible" or not, suggest her involvement. Like the hairdresser, she stood to gain much more if Mr. Harrod had lived than if he had died. Much, much more.
And I think such gross insinuations may be against the rules here. This is a victim friendly website. Mrs. Harrod is a victim. Unless suspicion has been cast upon her by LE or media statements or programs, I believe she is off limits.
I met Mrs. Harrod and perhaps that makes me even more sensitive to allegations leveled at an elderly woman who lost her late in life chance at romance. I will post more one day about what I observed when I met her but recalling her steely resolve to find her husband and to get justice for him, in the face of being in a town far from anyone she knows, in a home in which she may not be very safe, surrounded by people who may have been involved in her husband's murder, who have tried to get her out and to stop her from being the lone voice in his family, crying for answers, well, it absolutely sickens me that anyone could even hint at something evil to do with her.
She is an older lady who should be enjoying a whirlwind chance of a lifetime romance, not sitting in a scary, empty, stripped home, resolutely seeking justice for the man she loved.
