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.


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