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It might depend on the state or country you live in. I think in California (U.S.), it is seven years. * In the US the rule of common law applies. After 7 years from the date of the last known contact with the individual, persons who have just cause can file a petition in state court to have the missing individual declared "legally dead." The court will require that evidence be submitted to prove that an earnest attempt was made to discover the whereabouts of the missing person. Such evidence would be a search of public records, statements from relatives, friends, co-workers, police reports, etc. If the individual disappeared under unusual circumstances, for example after a threat was made upon their life, then the process becomes even more complicated, especially when it relates to life insurance benefits and other financial matters. The decision, as in the majority of civil matters will be determined by the court according to the laws of the state in which the missing individual resided.

2006-08-23 12:51:38
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Related Questions

How many hours are you considered a missing person?

If you're gone for twelve hours, you will be considered a missing person.

How long before a missing person is declared legally dead?

It depends what state you are in but in California it is seven years. If someone has been missing for more than 7 years they are declared legally deceased.

In Michigan how long does a minor have to be missing from home before they are considered a runaway?

Due to AMBER laws there is no 'waiting time' limit before a minor can be designated a runaway or missing person.

Why should you use 'was' in a question about someone who lived before but who is now deceased rather than using 'is' in the question?

The verb 'is' denotes present tense. A deceased person, the deceased wife of the person, and the deceased children of that person are not living in the present tense. Therefore, 'was' is the appropriate verb.

Are bank accounts or CD accounts of a deceased person considered personal property?


How long before a search is started for a missing person?

24 hours after being reported missing.

Can a check written by a deceased person be cashed?

It is highly unlikely that a bank will cash a check written by a deceased person. The bank has no way to verify that the check was written before the death.

Can a person drive deceased person legally?

can a person drive a vehicle of a deceased person that is deliquent in payments

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Just write "deceased." * In all likelihood the request is for the last known address where the person lived before they died.

How long before a missing person search is called off?

It depends on the circumstances and the person involved.

Can you file a deceased person on your taxes?

No. A deceased person is not a taxable person. and as such it cannot be filed as taxable person or entity.

Can you bank a cheque issued to a deceased person?

No, this could be considered fraud, unless done by the executor with appropriate documentation.

What could you bring to the viewing of a deceased person?

Speak to the funeral director and they will be able to advise you. You can bring some items to place inside the coffin with the deceased person (again speak with the funeral director), such as a photograph, teddy bear, a flower, are some items that can be considered to be put in with a deceased loved one.

According to Socrates considered the identity of a person?

According to Socrates, psyche is considered the identity of the person. Psyche is the missing word and correct answer to the philosophy question that is sometimes used on quizzes.

How does probate handle the sale of a home?

If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.

How long before you can file a missing person report in Florida?

You can file one immediately upon knowledge that the person is missing. However - you must report the missing person to the law enforcement agency of the jurisdiction from which they are missing. (e.g.: You cannot report a person missing from a Pinellas County residence to the Hillsborough County authorities.) Note: Missing person reports are fraught with all kinds of difficulties having to do with the person's age - mental and physical health - etc - etc.

How can you find if a deceased person owned stock in a company?

How to find if deceased person owns stock in walmart

When are missing persons in natural disasters declared dead?

It makes no dofference what the circumstances are, every state has its own law on declaring when a person may be declared legally deceased.

What does an undertaker do?

== == An Undertaker prepares a deceased person for burial. well... undertaker is also a wrestler in wwe and before wcw.

What is the meaning of 'To the issue of the deceased beneficiary'?

It means to the children of the person who should have inherited, but died before he could.

Is missing a varb?

Missing is an adjective, as in a missing person

How do you spell deceased?

That is the correct spelling of the adjective "deceased" (dead, meaning a person).

What can teeth tell you about the deceased?

they can tell you how old the deceased person was and what work there dentist did

Who inherits if the child that was to inherit dies before the inheritor?

The inheritance of any deceased person is divided amoongst the remaining heirs.

When can you file a missing persons report?

They said that we have to wait 24 hrs before we can file for missing persons report, this is not true.. You can file immediately specially the person missing is under 16 years of age.