Q: My brother in law drowned while out of state 5yrs ago, his body was never found. How do I have him declared deceased?
There are plenty of news reports about the search. He lived in Illinois, drowned in Arkansas.
A: It depends on whether he had a will or not. If he had a will, the situation is governed by Section 6-20 of the Probate Act. If he did not have a will, it is governed by Section 9-6. Go to a lawyer experienced in handling estates about this. The process is somewhat involved and must be done precisely. And now I have a question: Why are you doing this instead of your brother-in-law's blood relative?
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