Legal Question in Wills and Trusts in New York

Re: the legally dead

Traditional presumption is absence for 7 years. However, in unusual circumstances, a Petition to Declare Death can be made to the Court, but this is quite complicated and requires great proof. I had a case many years ago where a man fell overboard from a small boat, during extremely bad weather. The Coast Guard was immediately called and spent several days trying to locate his body, which has been swept away. Their report, used as evidence, was quite extensive. Needing funds to pay college tuition, his son petitioned the Court and got an Order releasing funds. The body was found 7 months later. If this is done and the Court declares him dead, anyone appointed to handle the estate is protected if one presumed dead returns alive later, although claims of mishandling funds, failure to take all required action to locate person, etc., may be raised. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.