I was under the impression that a person had to be missing for 5 or 7 years BEFORE they could be declared 'dead'. I understand the circumstances, but shouldn't the law be the same for everyone? Nothing has been found as far as I know, so who is to say, that he didn't disappear for some unknown reason? People do disappear everyday for their own reasons.
I am by no means saying the man is alive or hiding. I personally believe that he is dead. I just want to know how/why he could be declared dead when other's have to wait the time out...
2007-11-28 02:20:23 · 10 answers · asked by carmeliasue 6 in Politics & Government ➔ Law & Ethics
You have to be missing for 7 years to be declared dead. That is to make sure that person's family doesn't collect life insurance, spend it....and then the person shows up. Evidently, there is another set of laws for rich people if Steve Fossett's wife doesn't have to wait the 7 years.
2007-11-28 02:27:29 · answer #1 · answered by Julie H 7 · 3⤊ 0⤋
Kind of like some others said. If your spouse just up and left one day and was never heard from again yes you will probably have to wait years. You could collect the insurance money and join him in another country. He could have just taken off so the insurance company does not want to pay before it's legal.
Guy like Fossett has ties to the community. He is high profile and loads of money. In short he has no reason to disappear.
2007-11-28 03:15:47 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
I think there's a clause that allows you to be declared dead if it's extremely likely... (at least in my country that's the idea behind the law)
Like, if you dissappear into the Sahara desert, you might just be missing for a year, but you couldn't survive for a year there. Same thing with boat accidents, it's pretty hard to prove you did go down with the ship, if it's a mile deep... but unless you were rescued, the odds are you drowned. I'd assume that if you leave in a plane, which never lands... the odds are it's crashed (as planes can't stay in the air indefinately)
2007-11-28 02:34:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well, I think that it depends on the situation. If a boat sinks and a person on the boat is never recovered then it is perfectly logical to assume that the person died. In disasters and accidents, it is not too uncommon for people to die and their bodies never be recovered. If the courts have a reasonable belief that the person is dead then I can see that the person be declared dead. Why put the person's estate in limbo for years?
2007-11-28 02:27:41 · answer #4 · answered by A.Mercer 7 · 2⤊ 0⤋
Considering the circumstances under which he disappeared, I don't think it strange, odd, or rushing the verdict. He obviously experienced some sort of mishap and went down in some extremely rough terrain. As his plane was small, I am not surprised it has not been located. I personally have no doubt that he is dead.
2007-11-28 02:30:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
there are exceptions made to laws every day this is why the court is petitioned. the court will look at the evidence and make a determination. this is not just someone walked away and has not been heard from. you do not have to be rich to petition the court and win you just have to be accurate and reasonable in what you are petitioning for.
2007-11-28 02:36:22 · answer #6 · answered by michr 7 · 0⤊ 0⤋
7 years would be if there is some doubt. Fosset was different. He had serious money so there was no real financial gain to be had if he faked it. He had sponsors and was doing what he loved....... basically the judge ruled on this because he had more to gain by being alive.
2016-05-26 05:16:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The really rich have a different set of rules, especially when the trophy wife needs some spendin' money...
2007-11-28 02:24:50 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Just in case he's hiding, they should indeed wait five years in my opinion. With such rich people, is it really that necessary to divide the estate right away?
2007-11-28 02:24:19 · answer #9 · answered by Anonymous · 2⤊ 0⤋
I heard his wife petitioned, but that's as far as it has gone?
2007-11-28 02:35:32 · answer #10 · answered by schneider2294@sbcglobal.net 6 · 1⤊ 0⤋