Q: My husband and I legally separated in California. Can a sibling claim his body if he dies in another state.
My husband and I legally separated years ago and physically separated over 5 years ago (he moved to another state) If he dies in that state can a sibling in that state claim his body and can I still receive a death certificate for matters that require filings. There is no will.
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A:
In California, when a person dies without a will, the right to claim their body typically falls to the closest next of kin. As a legally separated spouse, you generally retain some rights, but these can vary based on specific circumstances.
If your husband passes away in another state, the laws of that state will govern who has the primary right to claim his body. Often, this right is granted to the nearest relative available, which could be a sibling if they are the closest kin in that state.
Regarding obtaining a death certificate, as a spouse, you should be able to request a copy regardless of your separation status. Death certificates are typically public records, and you can request them from the vital records office of the state where the death occurred. This document is essential for various legal and financial matters following a person's death.
It's advisable to consult with an attorney familiar with probate or family law in both California and the state where your husband resides for specific guidance tailored to your situation.
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