Legal Question in Wills and Trusts in California

My son's dad was killed in Mexico in 2004. His body has not and will never be found. My son cannot collect social security survivor benefits because there is no death certificate. How can I have my son's dad declared dead (10+ years later)?


Asked on 10/30/14, 2:28 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

After 5 years you are allowed to file a Probate Petition for a missing person who is presumed dead. I'm sorry nobody told you to do this sooner. There is a special section dealing with a Probate for a missing person. You must file in the last County where your son's father lived in CA. If he wasn't living in CA at the time, then you will need to consult an attorney for the state where he was residing and they probably have a similar statute.

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Answered on 10/30/14, 2:38 pm


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