Legal Question in Civil Litigation in Illinois
missing
My husband has been missing for 7 years and when I went to get survivors benefits from social security for the children they told me that it would be quicker to have a ''declaration of death based on a presumption'' filed with the courts. I can not find the from or how to go about filing such a document. Please help.
1 Answer from Attorneys
Re: missing
Under Illinois law, an action can be commenced in probate court to administer the assets of a missing person presumed dead. The procedure is governed by section 6-20 if the Probate Act of 1975, also know as 755 ILCS 5/6-20. You can review that provision at your local library, but I reccomend you hire a lawyer to present the case to the probate court, as the procedure not routine. You cannot simply file a document to establish the death, but rather must convince the judge of the court to enter an order finding that he died. Feel free to call me at (630) 221-1755.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
