Mother asks Lenawee County probate judge to declare three children dead; judge pauses for written order

Lenawee County Probate & Juvenile Court — Tanya Zubers, the mother and petitioner in a long-running case over three missing children, asked a probate judge on the record to declare her sons—Andrew Skelton, Alexander Skelton and Tanner Skelton—deceased and to fix their date of death as on or about Nov. 26, 2010.

The request came during a daylong hearing in which Zubers described the events surrounding the children's disappearance, recounted contacts with law enforcement and investigators over the last 14-plus years, and said she has concluded the boys are dead. “No. There is no doubt,” Zubers told the court when asked whether she believed John Skelton killed the children on or about Nov. 26, 2010.

The petition seeks a presumption-of-death finding under Michigan law. Counsel for the petitioner summarized evidence presented at the hearing — including testimony from local police, the Michigan State Police and the FBI — and urged the court to enter an order declaring the children deceased. The judge declined to rule from the bench and said the court will prepare an opinion and order; parties were told to return on Wednesday the fifth at 9 a.m. for the court’s ruling or may participate by Zoom or view the proceeding on YouTube.

Why it matters: A formal judicial finding of death would allow issuance of death certificates and close a chapter in a case that has involved multiple law-enforcement agencies and public outreach efforts for more than a decade. Petitioners said closure is important to family members and to allow memorial steps such as adding dates to headstones.

What the hearing covered: Zubers testified about the morning her then-husband, John Skelton, signed the boys out of school and took them to Florida without her knowledge; obtaining an ex parte custody order and pursuing the children through local and Florida courts; contact with hospitals and law enforcement when John Skelton was located in Florida and later admitted for attempting suicide; discovery by local officers of a home in disarray; and long-term investigative activity by the FBI and state police. Zubers described the boys’ personalities and said she used public outreach, age-progression work and media interviews for years to try to find them.

Law enforcement and investigative details summarized in testimony included: early welfare checks by local officers, an FBI agent assigned to the family for periodic updates, Michigan State Police investigative involvement and a detective-sergeant who maintained contact with Zubers during the probe. Counsel noted prior evidence entered in the record, expert testimony on proof of life and an earlier statutory presumption-of-death statute read into the record.

What the court did: The judge did not enter a ruling at the hearing. Instead, the judge told the parties the court would review exhibits and transcripts and issue a written opinion and order on the petition; the court scheduled that issuance for “Wednesday the fifth at 9 a.m.” and offered remote participation options.

Process and next steps: The petition remains pending; no formal decree was signed during the hearing. The court’s forthcoming written opinion and order will state whether the judge finds by the requisite standard that the children should be declared deceased and whether the requested date of death (on or about Nov. 26, 2010) will be set.

Context: The petition and hearing follow more than a decade of investigation and public appeals. Witness testimony in the hearing emphasized the involvement of multiple law-enforcement agencies and Zubers’ sustained public outreach. Counsel for the petitioner asked the court to apply MCL 700.1208 (the Michigan statutory presumption-of-death provision) in entering a finding.

Details to note: The petition asks for a legal finding that Andrew, Alexander and Tanner Skelton have been deceased since on or about Nov. 26, 2010. The court is scheduled to announce an opinion and order on Wednesday the fifth at 9 a.m.; parties may appear by Zoom or view via YouTube.

Ending: The court record will be updated with the judge’s written opinion and order after the Wednesday session. Until the court signs and files that written order, the petition remains pending and no official death certificates will be issued by the court in this proceeding.