Lancaster, OH asked in Civil Litigation, Estate Planning, Probate and Libel & Slander for Ohio

Q: Assistance with death certificate fraud involving spouse's passing.

I am facing a situation involving potential death certificate fraud. After my husband passed away, I was not contacted by the hospital because his children informed them there was no living spouse. I suspect there may be two death certificates, as he was already at the funeral home before I was informed. His children are also taking me to court over his assets. I have reached out to the hospital, but they have not provided any information. I'm seeking guidance on how to address the fraud and the ongoing legal proceedings with his children over his assets. Can you help me find guidance on these issues?

1 Lawyer Answer

A: The idea of two (2) death certificates should be resolved fairly easily by requesting a certified copy of his death certificate from Vital Statistics.

As the surviving spouse you have rights to receive certain assets from the Estate. Any claim the children have should be addressed through the Probate Court. An Estate will be opened, an executor or administrator will be appointed, that fiduciary will gather all the assets and provide the Court with an inventory.

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