Success Story – Crucial Life Insurance Secured for Family of Missing Person Presumed Dead

Estate Planning, Probate • December 12, 2023
A wooden block with the word win written on it next to a judge 's gavel.


Background: 

Our client was married to the decedent and had a young child with him. The decedent disappeared in a foreign country never to be seen again. Several years prior to his disappearance, the decedent purchased a life insurance policy naming his wife as the pay on death beneficiary. Probate was necessary to collect life insurance proceeds for the decedent’s family.


Challenges: 

It is very difficult to establish to a probate court that a missing person should be deemed deceased. Most probates relate to persons who are clearly deceased or disabled. Many probates for missing persons presumed dead do not meet the required legal burden to be opened.


Result: 

We were able to successfully gather enough evidence and prove to the probate court that our client’s husband was deceased. With the court order, our client was able to obtain life insurance proceeds to help raise her and the decedent’s child.



A man in a suit and tie is smiling for the camera.

Brian I. Warens

Shareholder


“I am very proud that I was able to successfully open the probate and secure the release of the decedent’s life insurance. Our client was grateful that we obtained a result she had been seeking for years, and for bringing about some measure of closure regarding her spouse.” 


Contact Brian Warens to discuss your legal needs.

847-705-7555 or bwarens@lavellelaw.com.


More News & Resources

Lavelle Law News and Events

Should Taylor Swift and Travis Kelce lawyer up? What would their prenup look like?
By Joseph A. Olszowka and Kristina Buchthal Alkass September 12, 2025
Taylor Swift’s engagement to Travis Kelce has made a big splash in the news. In this podcast, Lavelle Law family law attorneys Joe Olszowka and Kristina Buchthal Alkass discuss the importance of prenuptial agreements - and not just for the wealthy.
Who qualifies for the
By Timothy M. Hughes September 10, 2025
The U.S. Treasury Department issued a preliminary list of nearly 70 jobs that qualify for “no tax on tips.” The occupations include a wide range of services spanning from Rickshaw drivers to digital content creators.
Does the Expiration of the Statute of Limitations for a Mortgage Extinguish the Mortgage Lien?
By Steven A. Migala September 4, 2025
On August 20, 2025, the First District of the Illinois Appellate Court decided Chicago Title Land Trust Co. v. Watkin, 2025 IL App (1st) 241354 (August 20, 2025). At issue in Watkin was whether the expiration of the statute of limitations barring enforcement of a mortgage also extinguishes the mortgage lien.
New Illinois Small Estate Affidavit Law: Key Updates for 2025
By Nataly Kaiser August 26, 2025
The Illinois General Assembly has updated the Probate Act of 1975 to improve the small estate affidavit process for settling estates without formal probate. Effective immediately, this amendment offers significant benefits for Illinois residents managing a loved one's estate.
Illinois family laws help determine who gets to keep the pet when couples divorce.
By Joseph A. Olszowka August 25, 2025
A common consideration in a divorce case is who will get to keep the family pet. Illinois has a specific law that addresses this issue. In this video, divorce attorney Joe Olszowka explains the various factors the court considers when there is a pet involved in an Illinois family law case.
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster
By Litigation August 20, 2025
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster - In the end, our client clawed back ownership of his family’s home and was made whole on the attorney fees he was forced to pay to rectify this unfortunate situation.
A summary of NADA’s statement defending state franchise laws.
By Sarah J. Reusché August 14, 2025
Recently, OEMs like Tesla and Rivian implemented a direct-to-consumer approach that many state motor vehicle dealer laws are intended to prohibit. On May 27, 2025, the National Automobile Dealers Association (NADA) submitted a Public Comment, defending state franchise laws.
Free Family Law Seminar in Schaumburg, IL
By Family Law August 11, 2025
Join Lavelle Law for an informative presentation tailored to individuals seeking expert guidance on critical family law matters. Our experienced family law attorneys will break down three key areas — prenuptial/postnuptial agreements, collaborative divorce, and child custody.
IRS outlined key points for tax year 2025 relating to the OBBBA provisions.
By Timothy M. Hughes August 10, 2025
On August 7, 2025, the IRS announced that, as part of its phased implementation of the July 4th One Big Beautiful Bill Act, there will be no changes to certain information returns or withholding tables for tax year 2025 related to the new law. The IRS outlined key relevant changes to tax filers effective for '25 - '28.
Saved or client $1 Million in Estate Tax
By Estate Administration July 30, 2025
Due to Lavelle’s extensive knowledge in estate and gift tax, we were able to generate a combined federal and Illinois estate tax savings of $1 million for the client.
More Posts