Legal Question in Family Law in New York
Death In Absentia
My girlfriend's ex-husband has been missing for seven years (since 2001). No one has seen or heard from him, he is completely off the grid, he has failed to contact his son, mother, sister, friends, relatives and has failed to send child support. The feds are looking for him and can't find him. Can my girlfriend have the court declare him dead?
3 Answers from Attorneys
Re: Death In Absentia
Yes, but I beleive the local statute require absence from the "planet" for seven years. Good Luck
Re: Death In Absentia
Was he seen after 9/11/01?
If not, could he have been in NYC that date?
There are special rules for death certificates for Sept. 11th victims.
Re: Death In Absentia
There is no set date for when someone is declared dead. A motion for a death certificate must be made and proof of the death, even circumstantial proof must be presented to the court. Seven years is a common law rule and the court will take such a time period into consideration, however, if their is any proof of the person being alive the court may not grant the motion.
You should seek the help of an attorney who has a backround in both criminal law, Investigations and surrogate work. We would be happy to discuss the case with you and your family if you are interested. You may contact us by following the links below.
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