A Buffalo man missing and unheard from for 34 years cannot be presumed dead and eliminated from his mother’s estate absent evidence of a “diligent” effort to ascertain whether he is deceased, an Erie County judge has held.
Erie County Surrogate Barbara Howe’s (See Profile) decision in Matter of Seals, 2014 NY Slip Op 50335, reaches back to century-old precedent in holding that anecdotal and hearsay evidence is nowhere near enough to declare someone dead for estate purposes. Howe’s decision means that Frank Thomas, if he is alive, has an inheritance waiting for him if he comes forward.
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