The letter states that the Coast Guard cannot grant Bennett's request to presume his wife is dead.
"Their comment [the Coast Guard] in their letter is that they've stopped the search, they aren't looking for her anymore, but they don't have the legal authority to go ahead and declare her dead," said Joanne Foster, a maritime law expert.
Foster said there's no maritime law that can presume a missing person is dead, that would be up to the state.
"At this point, legally I think the best option for the family would be to go ahead and have her declared an absentee. At this point, no one knows where she is and then they can go through the steps further that it would take to have her declared deceased," said Foster.
The Coast Guard's response to Bennett is dated May 19th. Five days later he said he started his own search for his wife in Cuba. Hellmann's family said he returned to the United States three days later to take his daughter Emelia and leave the country. Bennett's motion states Isabella's sister has no authority over her assets, but he and Emelia do.
Hellmann's family has launched social media campaigns to find Isabella, gathering support and interest from all over the world. They have expressed their hope for answers and closure regarding her disappearance.
The court documents also reveal there is no existing will left behind by Hellmann.
Hellmann's sister's attorney Mitchell Kitroser said the family understands Bennett's rights to the property. There has been no hearing scheduled as of yet.
Bennett's attorney, Robert Feldman has notified the court that he will be unavailable for any court proceedings until July 17.
