Had our court date yesterday for what we thought would finally issue a presumption of death certificate for my Father in law....

He went missing in a boating accident October 10th 2020 in Alaska.

The government froze all pay, benefits, insurance, accounts, etc because he was "dead" enough to do that, but not "dead" enough to issue a cert.

Fast forward to court appearance yesterday...

Judge said Jury trial must convene per Alaska law... ALL jury trials have been postponed until September 2021 due to covid...

It could be 12-18 months before we get a court date.

I am absolutely beside myself.

How can the government do this, and it be ok.

70 year old mother in law, is in complete limbo, frozen away from all that dad did to care for her, bureaucratic nightmare...

Horrible series of events.

Have you thought about taking this story to the newspapers and various social media forums? Might catch someones attention.

Best of luck either way.

Call your local legislator and see if you can get a special bill passed through the Alaska legislature authorizing the issuance of a death certificate in this particular case. We had to do something similar for a public water variance back in the late 70s in Massachusetts and it actually worked fairly well and cost almost nothing.

At a minimum, asking for this will highlight an unintended consequence of the jury trial suspension and you might get some relief, similar to that suggested above if you bring the issue to the newspapers.

Finally, you should enquire if you can do a guardianship over your father, just in case he turns up alive. That way, you can access his assets in the interim while you wait for a jury trial on the death certificate.

quote:

Judge said Jury trial must convene per Alaska law... ALL jury trials have been postponed until September 2021 due to covid...

If that’s the law, the law is a ass. Judge needs to figure out the difference between “the law” and justice.

Very sorry, sad indeed.

Contacted Govenors office again. Spoke to two state reps.

Have spoken with reporter at Daily News Miner in Fairbanks, will be dealing with Court and Law enforcement reporter.

No possibility of him turning up alive. Water temp at the time was 34 degrees, within two weeks river had frozen, I left end of October, wife was there until second week of November, it had dropped to -34 on two occassions....

Tanana river is not like anything we would see in the lower 48. He could be 6 inches below the surface, and not seen due to silt.

It will be frozen over until April...

Have utilities, and accounts squared away for Mom, and have POA for Wife and her brother to help Mom out.

SS is ok, but no insurance, 401, retirement pay, etc... will eventually be a big windfall, but may be a couple years away... at 70, she is using time she doesn't have to use...

Thanks for suggestions! I appreciate them!

quote:

No possibility of him turning up alive. Water temp at the time was 34 degrees, within two weeks river had frozen, I left end of October, wife was there until second week of November, it had dropped to -34 on two occassions....

I understand this. I'm suggesting the guardianship as a work-around for the court until such time as a jury trial can be held. This may be an allowable "fiction" for the court to issue you the authority that you need to deal with his affairs.

I'm sorry for your loss, and I understand that he is gone.

Even when things are planned and there is a body that stuff is way more difficult than it needs to be. I can't imagine going through it without a body. Especially rough on the wife I would imagine.

quote:

Originally posted by ArtieS:
Call your local legislator and see if you can get a special bill passed through the Alaska legislature authorizing the issuance of a death certificate in this particular case. We had to do something similar for a public water variance back in the late 70s in Massachusetts and it actually worked fairly well and cost almost nothing.

At a minimum, asking for this will highlight an unintended consequence of the jury trial suspension and you might get some relief, similar to that suggested above if you bring the issue to the newspapers.

Finally, you should enquire if you can do a guardianship over your father, just in case he turns up alive. That way, you can access his assets in the interim while you wait for a jury trial on the death certificate.

Guardianship is a no go, need the person evaluated by the court to have that as a possibility.....

I read Alaksa Supreme Court order, dtaed in November that lists Presumption of Death cases as eligible to have video conference jury trials...

Had to petition the judge to read that friggen letter to see if that can be applied in our case...

Spoken to several legislators and the govenors office... will see.

Posted contact info and such on FB to have as many folks call and complain as possible.

News miner reporter never called back...

Thanks for reading / listening.

Get an attorney. A good one. Not the end all do all but you need someone who's name get's the attention of someone in charge.
This was a Bonafide accidental death. With real people left in need of benefits.

Time to pay someone to run it up the flagpole is my two cents worth.