Legal Question in Wills and Trusts in California

My Son is Missing!

For whom it may concern . March 3, 2004 will be the seventh year my son has been missing. Local authorities in Marysville, California believe due to the circumstances that my son was murdered by his Biological Father and finding his body is unlikely. My question; How could I have my son declared missing though the Court system ? Is there anyway that I can acomplish this without cost? I was hoping a Attorney who reads this will be willing to help!


Asked on 1/27/04, 12:29 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: My Son is Missing!

I'm sorry to hear about this--I certainly wish things were different for you.

The procedures in the probate code are for probating the estate (if any assets or claims/lawsuits exist) after five years, or for having a conservator appointed to manage the person's assets. You should consult an attorney to see whether either of these would be needed or advisable regarding your son.

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Answered on 1/27/04, 2:56 pm
Mina Sirkin Sirkin & Sirkin

Re: My Son is Missing!

I am terribly sorry to hear about your son. Being a mother, I feel for you in my heart. The answer to your question is: Yes, there is a procedure by which you may petition the court to deem your son deceased. It is called a Petition to establish fact of death. This procedure is used for example, as means to establish death to collect life insurance proceeds, and such. Also, if your son left a child, that child may be entitled to social security, if the child is under 18 years of age. The procedure will take approximately 20 hours and the usual cost is about $2000-3000, if it is not contested by anyone. Please let me know if I can be of help.

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Answered on 1/27/04, 10:56 pm


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