Missing and Presumed Dead: How to Recover Pension of Life Insurance Benefits

Tragically, a small portion of our fellow Minnesotans go missing each year. If they remain missing for an extended period of time, or if they went missing under circumstances relating to a specific peril of death, survivor pension benefits and life insurance proceeds may be recoverable.

However, pension administrators and life insurance companies will ask beneficiaries for Death Certificates upon claim filing but Death Certificates are generally not issued unless the decedent’s body is located and identified.

Thus, it becomes necessary to file a lawsuit asking the Court to declare the missing person deceased.

Minnesota Statutes 578.11 sets forth the procedure for seeking life insurance proceeds in the event of a misisng person. That section provides:

If the beneficiary under an insurance policy on the life of an absentee is the absentee's spouse, child, or other person dependent upon the absentee for support and advance payments under the policy are necessary to support and maintain the beneficiary, the beneficiary shall be entitled to advance payments as the court determines under section 578.12. "Beneficiary" under this section includes an heir at law of the person whose life is insured if the policy is payable to the insured's estate.

Sections 578.12 sets forth the hearing procedures and related items. It also describes the petitioner’s evidentiary burden as follows:

The petitioner has the burden to show by a fair preponderance of the evidence that:

(1) the absentee is missing, and there is reason to believe, dead;

(2) the beneficiary is a spouse, child, or other person dependent upon the absentee for support and maintenance; and

(3) the beneficiary has no source of income sufficient for support and maintenance at an adequate level.

Section 578.16 describes a more general procedure (not exclusive to life insurance proceeds) for those who have been missing for over 4 years and who cannot be located after a diligent search.

Section 578.16 describes the procedures for obtaining a Court Order under those circumstances.

If you are facing these issues described above, please feel free to contact Minnesota life insurance attorney Mark C. Santi, Esq. at 612-808-9082 or msanti@santicerny.com