Legal Question in Wills and Trusts in New York

My husband, who was depressed and had attempted suicide previously, disappeared leaving suicide notes and all forms of id, credit card, clothing, etc. behind. The police were involved from the start. There is no sign of him. Have checked everywhere and all family, friends. He left behind 6 children. No life insurance. I would like to know if he could be declared dead and apply for social security benefits for surviving family members. In New York state.


Asked on 7/31/15, 1:23 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

You may need a Court declaration of death, as SS will probably not just accept his disappearance for benefit purposes. This is very difficult, unless his disappearance took place years ago, as most states require a 7-year absence for declaring a person dead. However, in some cases, a state will allow the appointment of an Executor in less than 7 years. I was successful in NY a number of years ago, but the circumstances were unusual and there were witnesses to the event causing the disappearance - a person knocked overboard by a swinging boom on his boat during a violent storm, in front of several people, and the coast guard was involved in attempting to locate the body. A mere disappearance might not do it.

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Answered on 7/31/15, 1:59 pm


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