ex husband missing possible foul play

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PostPosted: Sun May 03, 2009 11:21 am   Post subject: life insurance payout on missing person  

There is evidence in my house that i let my ex husband keep, that he was possibly murder there. He had these room mates that he asked them to leave to move out. My ex-husband was last seen on a wednesday night, he did not show up to work thursdau nor friday or monday the following week. some one from his job notified me and ask if I had spoke to him recently,maybe he had told me he was leaving. I told them yes I had spoken to him, he had not said he was leaving town or anything, in fact he had invited me over with our granddaughter before easter. since then he has been missing for 5 weeks. Det. are involved the roommates are on the run and there was blood on the bdrm carpet and closet and no body found. wallets at home emptied except for his kaiser medical insurance card a picture of our nephew at the age of 8 in his foot ball uniform and some saint his mother gave him when he came to the states 32 yrs ago from Mexico. Our kids are his benefeciaries and there all over 18 yrs old.His company told me they would love to give the kids his money but can't by law until they have a death certificate. they don't want to loose their dads house. so what can we do or what should we expect
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PostPosted: Mon May 04, 2009 8:06 am   Post subject: ex husband missing possible foul play  

How long do we have to wait if my ex husband is missing before our children can collect on his life insurance. His disappearance is concluded probable suspicious circumstances. Blood in the master bedroom, no body and all identification information taken. His roommates question and the same day they pull their children out of school and now they are on the run, they totally disappeared off the face of the earth.
need help please nursechick Confused Sad Embarassed

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PostPosted: Mon May 04, 2009 11:57 am   Post subject:   

Hey Nursechick, what reasons do you have to believe that your ex-spouse might have left life insurance for the kids? How long before the incident has happened?

Thanks,
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PostPosted: Mon May 04, 2009 12:27 pm   Post subject:   

nursechick, I would think you either have to have a certified death certificate or your ex husband will need to be declared legally dead by a judge in order for your children to file this death claim...How long does that take? Most juridictions a missing person will have to be missing for seven years, however there are cases when this time frame can be reduced. Think of the poor folks that were in the Trade Center on 9/11... Since there is an ongoing investigation, and foul play is suspected in your ex's disappearance, you may be able to (once the investigation is closed) have this period shortened...I'm sure it will take an attorney representing your children, to do this...
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PostPosted: Mon May 04, 2009 12:39 pm   Post subject:   

Quote:
Our kids are his benefeciaries and there all over 18 yrs old.His company told me they would love to give the kids his money but can't by law until they have a death certificate. they don't want to loose their dads house. so what can we do or what should we expect
The house and the life insurance are two completely separate issues...Have the kids moved into the house? (the life insurance is addressed in another thread you created)...Who's names are on the house deed? Is there a transfer on death on the deed? Is there a mortgage on the house? Did he have a will?
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PostPosted: Tue May 05, 2009 8:26 am   Post subject:   

nursechick says:

Quote:
Det. are involved the roommates are on the run and there was blood on the bdrm carpet and closet and no body found.

I'm sure the investigations that follow would reveal a lot. Let them testify that the traces of blood are in fact his. Keep us updated regarding the proceedings and we'd be truly eager to listen to you.

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PostPosted: Tue May 05, 2009 8:44 am   Post subject:   

Hope proper investigation took place after the incident. What the police report suggests?

Lori, if the police report suggest foul play, can't the OP claim the policy benefits depending on that report?
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PostPosted: Wed May 06, 2009 12:40 pm   Post subject:   

Quote:
Lori, if the police report suggest foul play, can't the OP claim the policy benefits depending on that report?

I think the police report is just one out of a number of things that are being considered at the court. An investigation revolves around a number of events, subjects and possibilities. The police report is just a documentation of the aftermath and an account of what the witnesses have to say. That's the reason it may not have such an impact as to compel a settlement.

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PostPosted: Wed May 06, 2009 6:14 pm   Post subject:   

I would have to agree with Lori in both her posts regarding the House AND the insurance policy.

Without knowing what state you're from we can only guess what the requirements are to declare someone "dead" and issue a death certificate.

However, I don't know of any company that would "pay" on a policy without an actual death certificate.

A word of caution... if you know the company/policy number of your ex husband it is in the best interest of YOUR children (since you said they are the beneficiaries) to continue paying the premiums of this policy... because whether he's declared dead now or in 5-7 years if you stop paying the premiums the company might cancel the policy...

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