Legal Question in Criminal Law in South Dakota

Missing person
If a person is missing, when does he/she become legally missing? If considered legally missing, can that person ever become legally dead by law so that the surviving spouse (and/or children) can collect any live insurance policies? Does there have to be physical evidence leading to the belief that the person is dead, or is there a time limit?

Asked on 8/02/01, 9:00 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Missing person

Under common law the presumption was that a person missing for 7 years was dead.

Many states have changed that presumption by statute, many have not.

Check with an estate lawyer in your town for more specifics.

Answered on 8/03/01, 4:59 pm

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