The mother of Harmony Montgomery, the little girl presumed dead since 2019, is asking a probate court to declare her daughter deceased in a bid to file a wrongful death lawsuit in her name.
In a petition filed in January, Crystal Sorey, 34, asked the court to open an estate for her 5-year-old daughter.
The petition was granted on Feb. 6, the first day of jury selection in the trial of Harmony’s homicide. Her father, Adam Montgomery, 34, is charged with second-degree murder.
The Nashua Circuit Court’s probate division will consider the matter on March 11. Adam Montgomery’s trial is expected to concluded as soon as the end of the week.
“Whenever there is a request to open an estate for someone presumed dead, they have to have a hearing,” said Sheliah Kaufold, who is representing Sorey.
“It’s a notice to the public to say if you don’t think she is dead, or you don’t think this person should be in charge of the estate, this is your opportunity to come forward and state your piece.”
The practice only occurs when someone is presumed dead, Kaufold said.
On the petition, Sorey listed herself and Adam Montgomery as “legatees and heirs-at-law to the estate,” which is required by law. Sorey requested she be the sole administrator of the estate, which was granted. Asked to declare the monetary value of the estate, Sorey wrote “$0.”
The petition included a motion for an expedited hearing before the court, out of concern that the statute of limitations could prevent her from filing a wrongful death lawsuit.
“I have filed a Petition for Estate Administration of Person Presumed Dead & related documents for this matter related to the death of my daughter, Harmony Montgomery. Harmony’s exact date of death is unknown as her remains have never been found,” Sorey wrote on the legal documents. “I am working with legal counsel to pursue a wrongful death claim on behalf of Harmony’s Estate related to her wrongful death. There is a concern that the statute of limitations may apply in this matter, requiring prompt filing action in this civil case.”
The petition did not indicate who the wrongful death lawsuit will be filed against. Russ Riley, who will represent the estate in the lawsuit, did not return calls for comment.
Under RSA 556:11, the statute of limitations in the state of New Hampshire says “if an action is not then pending, one may be brought for such cause at any time within 6 years after the death of the deceased party,” according to the General Court of New Hampshire. This statute falls under chapter 566, titled Suits By and Against Administrators.
Sorey checked a box on the petition stating that Harmony “is presumed to have been killed as a result of some catastrophic event, but his or her body could not be recovered.”
Harmony’s presumed date of death is Dec. 7, 2019, but she wasn’t reported missing by Sorey until November 2021 and the Attorney General’s Office didn’t declare her death a homicide until October 2022 when Adam Montgomery was charged with second-degree murder, falsifying physical evidence and abuse of a corpse.
“In terms of the statute of limitations to bring a wrongful death claim, or any action, there is a tolling provision meaning that the statute of limitations is paused, or can be paused, for various circumstances,” said Chuck Keefe, a criminal defense attorney.
Both Kaufold and Keefe said the petition would have no bearing on the ongoing trial. If Montgomery is found guilty, the conviction could fortify the strength of the wrongful death lawsuit, they said.
“A conviction in the criminal case bears directly on a civil case,” Keefe said. “The conviction can be used in the civil case such that it’s almost presumed that the facts found in the criminal case are presumed true in the civil case.”
Continuing, Keefe said it “would not surprise me” if the timing of the petition, which was filed on January 29, was coincidental and speculated that it might be symbolic for Sorey to open the estate the day the trial began. Kaufold disagreed and said it was likely coincidental.
Due to client confidentiality, she could not comment on when Sorey first reached out for legal assistance or why she chose to file the petition when she did.
Sorey did not return a call for comment.
