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What happens if my son has been missing for three years?

What happens if my son has been missing for three years?

Full question:

My Son went on a hunting trip in Montana and during the hunt he disappeared and the other hunters could not locate him. It has been 3 years ago. He has a family and has life insurance. I hate to assume he died but he would not be the type to not let us know he is ok. We live in

Category: Death
Date: 04/07/2025
State: Florida

Answer:

I'm sorry to hear about your situation. In Florida, if a person has been missing for an extended period, specific legal steps can be taken. Generally, a person must be absent for five years before they can be presumed dead. However, if you can demonstrate that your son faced a specific peril of death, such as being lost in the wilderness, you might be able to have him declared dead sooner than five years.

According to Florida law (Fla. Stat. § 731.103), the following applies:

An authenticated death certificate is considered proof of death.
Records from governmental agencies can provide evidence of a person's status, including if they are missing or presumed dead.
If a person is absent for five years without a satisfactory explanation, they are presumed dead, with the presumption that death occurred at the end of that period. However, evidence of peril can allow for a determination of death before five years.

A petition for this determination should be filed in the Florida county where your son lived or in any county if he was not a resident at the time he went missing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Under what circumstances will life insurance not pay?

Life insurance may not pay out under certain circumstances, such as if the insured person commits suicide within the first two years of the policy, engages in illegal activities at the time of death, or dies due to pre-existing conditions that were not disclosed. Additionally, if the insured is missing and presumed dead, the insurance company may require evidence of death before making a payout. Always review the specific policy for details on exclusions and conditions.

How to find out if someone has life insurance on you without your permission?

Finding out if someone has life insurance on you without your permission can be challenging. You might check with the deceased's financial records, look for policy documents, or contact insurance companies directly. However, privacy laws may limit the information you can obtain. If you suspect a policy exists, consider consulting a legal professional for guidance.

Does life insurance pay out if you go missing?

Life insurance may pay out if you go missing, but it typically depends on the policy terms and how long you have been missing. Most policies require proof of death, which can be complicated if the person is missing. Insurers often wait a specified period, usually several years, before considering a payout for missing persons. It's essential to review the specific policy details.

In what cases does life insurance not pay?

Life insurance may not pay in cases such as suicide within the first two years of the policy, death resulting from illegal activities, or if the insured fails to disclose critical health information. Additionally, if the insured is missing, the insurer may require proof of death, which can delay or prevent a payout. Always check the policy for specific exclusions.

Does life insurance pay out for missing persons?

Life insurance can pay out for missing persons, but it usually requires a determination of death. Insurers typically wait a specific period, often five years, before considering a payout. If you can provide evidence of peril, such as being lost in dangerous conditions, it may expedite the process. Review the policy for specific terms regarding missing persons.

What death is not covered by life insurance?

Deaths not covered by life insurance include those resulting from suicide within the first two years of the policy, deaths due to illegal activities, or deaths from pre-existing conditions that were not disclosed. Additionally, if a person is missing and presumed dead, insurers may require evidence before making a payout. Always consult the policy for specific exclusions.