Court denies husband’s request to declare missing woman dead
A judge on Thursday denied a request to declare missing Delray Beach woman Isabella Hellman dead until authorities’ investigations into her disappearance are complete.
The request comes from Hellman’s husband, Lewis Bennett, who has also asked the judge to sign an order granting him and the couple’s 1-year-old daughter legal rights to take care of Hellman’s condominium in Delray and his 41-year-old wife’s remaining assets — a 2006 Mercedes-Benz two bank accounts, C230 and one with $5,001 and another containing $724, according to court documents.
Bennett said his wife disappeared after their catamaran capsized in the Caribbean in May. Hellman’s disappearance at sea is under investigation by the FBI.
Under Florida law, Hellmann would have to be missing for five years before she would be legally presumed dead. However, the law allows for a court to make a ruling prior to the five-year mark if the person “was exposed to a specific peril of death,” the petition states.
Palm Beach County Circuit Judge Kathleen Kroll said she wouldn’t approve Bennett’s request for a presumptive death certificate until the U.S. Coast Guard declares the investigation complete.
“This is really quick,” she said Thursday. “Normally I see these after a year or two. So what’s the rush?”
Bennett’s attorney, Lee McElroy, said he understands it isn’t a common occurrence, but that the couple was “married shortly be-