Ardmore, OK asked in Family Law and Probate for Texas

Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?

The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the death certificate does not affect your rights to community property or to inherit from your deceased husband in any way. It doesn't affect any POD or beneficiary designation of you on any accounts held in your husband's name. The purpose of the death certificate is to establish that your husband is dead. He is.

Gratia "Grace" P. Schoemakers
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Answered
  • Probate Lawyer
  • HOUSTON, TX
  • Licensed in Texas

A: If information is erroneous on a death certificate, the only person who can request a change is the person who provided the information (to the funeral home).

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