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'Alena's Law' would make it easier to declare missing disaster victims dead in NC

A collapsing house along an eroding red-dirt river bank are seen in an aerial image. This is the Chimney Rock Village area of Rutherford County in the aftermath of Hurricane Helene on Nov. 10, 2024.
Colby Rabon
/
Carolina Public Press
Extensive damage to roads and property in the Chimney Rock Village area of Rutherford County in the aftermath of Hurricane Helene are seen in this aerial image on Nov. 10, 2024.

Alena Ayers and her husband were swept away in the raging floodwaters of the North Toe River during Hurricane Helene.

"Her husband's remains were subsequently recovered downstream in Tennessee, but despite the best efforts of law enforcement and volunteers, Alena's body has yet to be found and she is presumed dead," Rep. Dudley Greene said Wednesday during a meeting of the House Committee on Emergency Management and Disaster Recovery.

Legally though, her family has struggled with the complicated bureaucracy of having a missing relative declared dead.

Greene, an Avery County Republican representing Ayers' far-western , is cosponsoring legislation to make that process easier in future disasters.

dubbed "Alena's Law" would allow someone who disappears during a disaster to be presumed dead 90 days after it strikes. Greene said the legislation simplifies the court proceedings that are necessary for settling estates, insurance claims, and child custody cases.

It's been more than six months since Hurricane Helene, which killed . Ayers and four other North Carolinians remain missing.

Kelly White, Ayers' cousin, pushed for the new law. She drove to Raleigh to speak at Wednesday's meeting.

"We may not find her, but I think this is a positive change and a bright light that can help other people," White said softly. "I'm honored that he agreed to name it 'Alena's Law' after my cousin, because she's a wonderful person and she would want to help other people."

Alena's Law faced no opposition in its first hearing, and will be considered next week by the House Judiciary Committee.

Downed trees from Helene litter a mountainside in northern Mitchell County. Locals are worried it creates a risk for wildfires.
Colin Campbell
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耳科利利嫋
Downed trees from Helene litter a mountainside in northern Mitchell County, where Alena Ayers lived before disappearing in the storm.

Mary Helen Moore is a reporter with the NC Newsroom, a journalism collaboration expanding state government news coverage for North Carolina audiences. The collaboration is funded by a two-year grant from the Corporation for Public Broadcasting. She can be reached at mmoore@ncnewsroom.org
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