A North Carolina legislative committee approved a proposal Wednesday that would allow families of those missing in natural disasters to obtain a declaration of death without waiting the current seven-year period.
The bill, known as House Bill 537 or “Alena’s Law,” passed the House Committee on Emergency Management and Disaster Recovery. It aims to help families begin legal processes such as settling estates, pursuing insurance claims, and securing child custody more quickly when a loved one is presumed dead due to a natural disaster.
The legislation is named after Alena Ayers of Mitchell County, who went missing during Hurricane Helene. Alena and her husband, Stephen, were swept away in floodwaters. Stephen’s body was recovered in Tennessee, but Alena’s remains have not been found.
“Despite the best efforts of law enforcement and volunteers, Alena’s body is yet to be found and she is presumed to be dead,” said Rep. Dudley Greene (R-Avery), one of the bill’s sponsors. He emphasized the bill’s goal of easing the burden on families dealing with both emotional and legal turmoil.
Five people remain missing following Hurricane Helene, according to Greene. He stated that the bill would offer relief and a path forward for their families.
“Passage of 537 would allow their families to pursue things such as estate settlements, child custody, insurance claims and resolve other issues needed to restore some sense of normalcy in their lives,” Greene said.
Alena’s cousin, Kelly White, addressed the committee in support of the bill, recalling her search efforts and voicing hope for others in similar situations. “Obviously, we may not find her. But I think it is a positive change and a bright light that can help other people,” she said.
Under the proposed law, if a person disappears and remains missing for at least 90 days during a state or federally declared disaster, there would be a “rebuttable presumption of the death of a person.”
The bill now moves to the House Judiciary 1 Committee for further consideration, followed by the Rules Committee, which will determine if it proceeds to a full House vote.
