Legal Question in Wills and Trusts in Louisiana
Disposal of estate in case of a missing person
This is research for a mystery novel. If a spouse disappears and no body is found, at what point is that person declared legally dead and the estate disposed of. Would it take years? Does anything change if foul play is suspected in the disappearance? Could the missing person be declared dead sooner? Does the surviving spouse have complete control over everything until then? Or does the survivor only have control over jointly owned property and the missing person's accounts and assets would be in limbo? Thanks for any help you can give.
1 Answer from Attorneys
Re: Disposal of estate in case of a missing person
If a spouse disappears under circumstances such that death seems certain (e.g. seen jumping off the Greater New Orleans Bridge), then death is considered to be established.
If a person has been missing for five years, that can also be used to establish death.
Under either circumstance, the surviving spouse can have the person declared dead and open the decedent's succession and distribute assets according to the decedent's will or under the laws of intestacy.
Until death is declared, the surviving spouse would only have control over his one-half of the community property.
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