Missing Person – Investigations, Conservatorship and Declaration of Death

According to the National Missing and Unidentified Persons System (NamUs), there are as many as 85,000 active missing person cases nationwide. According to NamUs, as of April 2016 there are in excess of 12,000 active cases in the NamUs Missing Person database.

Often times, when a loved one goes missing, his or her name may be on a mortgage or loan. You may have counted on his or her paycheck to support your household expenses. You may desire to sell a home that is jointly titled between you and your loved one but cannot do so without legal action. Your loved one may have obtained life insurance or that you cannot access pending a declaration that your loved one is legally dead. You may also be entitled to social security benefits that you cannot access pending a legal determination that your loved one has died.

Most states have a statute (law) which requires a certain amount of time to pass before a missing person is presumed dead. In other words, the law may presume that your family member must remain missing for a certain period of time (varies by state and circumstances of death, but typically five years) before a Court will declare that person legally dead.

However, if there is “sufficient evidence” that a missing person has died, you may obtain the Court’s declaration that your loved one is legally dead ahead the presumptive time frame. Different states have adopted different standards for the burden of evidence required (whether a higher “clear and convincing” standard or lower “preponderance” standard).

While our firm and its attorneys are licensed to practice law in the state of Arizona, we can associate with counsel in the state where your loved one was living before he or she went missing to determine what steps are necessary to obtain either a conservatorship over your loved one’s assets or declaration that he or she is legally dead.

Our firm can assist you in obtaining a conservatorship over your missing spouse or family member so that you may tend to immediate issues such as transferring assets, selling or refinancing a home or other loan. We also may be able to petition the Court for a declaration that your loved one is legally dead without waiting the presumptive time limit so that you may start the process of moving on and healing from your loss.

Please contact our office for a consultation to review the facts and circumstances of your specific case. Again, while Asimou & Associates, PLC and its attorneys are only licensed to practice in Arizona, we may be able to associate with local counsel in your jurisdiction or refer you to counsel in your jurisdiction to assist you.

To assist in our review of your matter, please fill out the following form to the best of your ability prior to our meeting.

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Resources

• Missing Persons of Arizona (Facebook)
• Vanished: When loved ones are presumed dead
• Pinal woman gets court date to have missing husband declared dead

WARNING: The material provided, either through written materials or presentation is not legal advice and should not be relied up in lieu of consultation with appropriate legal advisors. No advice is being tendered; no professional services are being rendered; no contract or attorney-client is being established herein. Do not act upon any information presented herein. Asimou & Associates, PLC disclaims any and all liability for actions taken in reliance upon the contents of this site. As legal advice must be tailored to the specific circumstance of each case, please retain or consult with legal counsel if you require assistance.