Taylor, MI asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan

Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.


1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to perform a duty they are legally obligated to do. If the funeral director's actions or inactions fall under the purview of their legal duties, particularly in the issuance of accurate legal documents, a writ of mandanus may be appropriate to compel the correction of the death certificate.

However, if the situation involves preventing the funeral director from continuing a specific action or to mandate a correction on an already issued death certificate, seeking an injunction might be the more fitting legal remedy. An injunction could specifically prohibit further wrongful actions or mandate corrective actions. It's important to consult with a legal professional who can provide guidance based on the specifics of your case and the applicable laws in Michigan.

Given the complexity of your situation and the duration it has persisted, consulting with a lawyer experienced in probate or civil law is advisable. They can assess the details of your case, advise you on the most appropriate course of action, and help navigate the legal process to ensure the death certificate is corrected. Legal professionals can also assist in communicating with the Department of Licensing and Regulatory Affairs to address any lack of transparency and expedite the resolution of your issue.

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