how many years to declare missing person dead in Maryland

Have an estate to settle. Sister with mental problems missing over two years. Had police and search actions day after disappearance. Wondering how long to declare dead and what type of attorney to get to handle this situation.

Asked on August 12, 2018 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Two years is not long enough: in your state (FL), it takes five years: "A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead."
Here is a link to a Florida statute you may find useful or informative: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0731/Sections/0731.103.html


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