Legal Question in Family Law in Pennsylvania
How to declare sibling as dead
My brother disappeared in Oct., 1966 (at the age of 14
years) never to be found or heard from again. Philadelphia
police did a rather shabby investigation & simply listed him
as a runaway, something that no one in the family ever
believed. My mother never wanted him to be declared dead,
as she was in denial that he would never be seen again. She
passed away 3 years ago. Our father dies in 1968. Now
comes the question of cashing in an insurance policy ($500
twenty-year while life). On simply explaining the situation
to the insurance (MetLife) I was told we could not claim the
policy unless he was declared dead. How does one go about
doing this if he was born, lived and was last seen in
Pennsylvania and I live in California? Thank-you in advance
for any
3 Answers from Attorneys
Re: How to declare sibling as dead
You would have to petition the Court in PA to declare him dead. You would list the facts (how he disappeared, length of disappearance etc. I offer free consultations.
Re: How to declare sibling as dead
The insurance company cannot issue payment to contingent beneficiaries without a death certificate for the primary beneficiary. In order for them to obtain this, a Pennsylvania Court would have to issue a declaratory judgment on the matter, which would then permit a death certificate issue from Vital Records. You would need to file a petition with the court and be required to offer proof of the death to the court's satisfaction. As the insurance amount you quote is $500.00, this may not be cost effective if this is the only reason why you are in need of a death certificate in this matter.
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Re: How to declare sibling as dead
Please have a attorney review the policy. Who are the beneficiaries of the policy? Call me directly at (619) 222-3504.
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