I need helping writing a story. Any legal experts here?

[romantico]

I'm currently writing a story and am having some trouble. I was hoping some here might be able to help me out.

Okay, this is a mystery and I have a question about a will.The character is assumed dead,but not really dead.What would the courts need as proof to show someone is dead if there is no body.This character is actually hiding and has changed his will excluding his family.I am having the character missing/presumed dead to be worth millions.I'm trying to show my audience how when someone dies how cold they become and greedy.

The man who is hiding has given his fortune to a total stranger.The man has kept a small amount out for himself but does not want his wife or son to get a penny.

I tried looking at google but I am having trouble finding specifics.What I need is a lawyer I guess.I want this to be as accurate as I can get.I have a couple other small legal questions but I guess this is the big one.

Any advice would be helpful

[Kali]

1. no expert here but think a death certificate would be required

if no body, a certain span of time - 7 years? to declare dead. Not sure.

(he is committing a crime as well - fraud)

[romantico]

2. Thanks Kali!

Thats gonna ruin my story but it sounds about right.I wasn't sure if a death certificate could be issued without a body.I guess the law doesn't assume someone is dead.Thanks again for your help!

[flvegan]

3. Doesn't matter, you'd still need a Probate.

The courts would decide based on if the "person" died testate or intestate. If the son is a minor, you can't omit him from the will. Matter of fact, the wife has a claim to the marital assets regardless of the will, too, I believe.

Not a lawyer, mind you, just played damn close to one for a decade.

[romantico]

4. I need to lots more research

The wife is 35 years old and the son is 24 years old.(this is his 2nd wife who is about 20 some years older than the missing husband)I'm trying to pay homage to Hitchcock and even have it take place back in the 50's.I wonder how much different the laws were back then.Like I said, I need to do more research.Thanks all!

[pitohui]

5. it depends on what state this happened in too

you don't mention it but if you have a local lawyer as a friend or acquaintance, why not buy her a drink or two and pick her brains, explaining it's research for a novel?

[Kali]

8. good idea

or even pay for an hour's consultation

[treestar]

6. I saw a show once where a guy faked his death

It was one of those forensic type shows, so the guy had really done it.

You need a death certificate to start probate, so you could have a way that the person fakes the death and thus defrauds the county/state into issuing the death certificate.

On this case on TV, the guy had murdered someone else, then put him in his truck and pushed the truck over a mountain. The truck caught fire. The authorities assumed he was the one in his truck.

I once read a case about a girl who actually faked her death to try to avoid jail. She left her vehicle in the woods with a lot of blood all over it. Again, authorities who were on the ball would realize she might not be dead, but these fell for it and declared her dead.

[romantico]

7. Hey thanks!

Because this takes place in the 50's I am trying to think how they thought back then.Today with the INTERNET and of course, learning from past mistakes these things are alot more difficult to get away with.If anyone watches almost any movie from the 40's or 50's and try to put it into play today,it does not seem possible.Thanks again for advice!