The North Carolina House Committee on Emergency Management and Disaster Recovery has advanced a bill that would allow families to legally declare a loved one dead sooner if they are declared missing following a natural disaster.
Approximately five people remain missing since Tropical Storm Helene brought catastrophic flooding to western North Carolina over six months ago. One of the victims still considered missing is Alena Ayers, a 31-year-old from Mitchell County who was swept away with her husband during the storm.
Though her husband’s body was recovered downstream in Tennessee, Alena’s body has not been found despite the efforts of law enforcement and volunteers. Alena is presumed dead, but state law currently requires seven years of waiting before a death declaration can become official.
“As as you know, we often pass legislation here that impacts the daily lives of millions of people throughout our state,” said Rep. Dudley Greene, R-Avery. “House Bill 537 isn’t one of those, but it may have a big impact on a handful of families that it will affect. We have named it Alena’s Law in honor of Alena Ayers, who was tragically lost when the flood waters of Hurricane Helene engulfed her home.”
House Bill 537, known as Alena’s Law, targets the current seven-year waiting period in cases where a person is presumed dead after events like hurricanes or floods. The legal change would help grieving families resolve critical matters such as estate settlements, child custody, and insurance claims without years of legal uncertainty.
“Some five people remain missing in Helene’s aftermath, and passage of 537 would allow their families to pursue things such as estate settlements, permanency, and child custody insurance claims and resolve other issues needed to restore some sense of normalcy in their lives,” Greene added.
Alena’s cousin, Kelly White, spoke emotionally before the committee, sharing her experience searching for her cousin and calling the bill a “bright light” for families left in limbo.
“I’ve spent about four months looking for her, working with volunteers in law enforcement,” said White. “And obviously we may not find her, but I think this is a positive change and a bright light that can help other people. And I’m honored that he agreed to name it only in his law after my cousin, because she was a wonderful person, and she would want to help other people.”
The committee gave the legislation a favorable report and it now moves to the House Judiciary 1 Committee for further consideration.