How do I contest a death certificate?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I contest a death certificate?

My sister’s boyfriend put on her death certificate that he was her husband. Making him next of kin which isn’t true. I believe it’s money motivated to get life insurance money. I don’t know what to do.

Asked on December 12, 2011 under Estate Planning, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately one cannot contest a death certificate per se. What can be done is to contest any subsequent proceeding by your sister's former boyfriend claiming that he was married to her so as to make a claim on any assets that she may have. If your sister passed away with a Will or a Trust and he is named in it, then there is little that you can do about the former boyfriend making a claim under the two documents assuming they are valid and properly created and executed.

If there was no Will or trust for your deceased sister, I would simply take a wait and see position concerning the former boyfriend to see what claims he may be making to your sister's estate and respond accordingly preferably through a Wills and trust attorney. If he is claiming to have been married to your sister, he will have to provide a certified copy of the marriage certificate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption