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
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
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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