How can I get a death certificate with the cause of death of my former spouse if we share a child in common?

Asked about 2 years ago - Kearny, NJ

I recieved a phone called from my ex brother in law telling m ethat his brother die in an accident but when I ask yfor the death certificate he said that they declared him death the day before but he would be disconnected from the machine the very same day of the phone call. I cannot find any records of obituaries. He is careful on his last email saying that his brother had an accident but he does not say that he is death. This has happened before and it was a lie. I need proof before telling my daugther something that it doesnt sound true to me. I asked him for a death certificate but it has been 3 days and he has ignored my request.

Additional information

They reside in Los Angeles California

Attorney answers (4)

  1. 6

    Lawyers agree

    Answered . Unfortunately, due to the concern for ID Theft, the vast majority of states and municipalities are refusing to issue death certificates to anyone who is a former spouse. The Office of Vital Statistics of the municipality in which he died (or lived), and if that fails, the state, would have a copy.

    It may be possible, as the legal guardian of your daughter, if she is a minor, to request it so that your daughter can qualify for Social Security Survivor Benefits, but you will need her death certificate reflecting your deceased husband as her father.

    The majority of states do not allow probate of a Will or administration of an estate for 10 days following death. If, or when, this time has passed, you can pay a minor fee to the Surrogate of the County in which your former spouse resided to see if a Will was probated, or an application for probate of his intestate estate has been made.

    The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.
  2. 4

    Lawyers agree

    Answered . Have you gotten this resolved yet? Your question is unclear. If you spell out more details maybe someone can help. Good luck

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  3. 5

    Lawyers agree

    Answered . Depending on when this happened, there may not BE a death certificate, yet. It often takes a week or more before they are issued. You can check with the probate court to see if anything has been filed with them. You can also request a demand for notice, on behalf of your daughter.

    If you do not get any definitive information/documentation in the next week or so, it would be a good idea to contact a probate lawyer.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. 5

    Lawyers agree

    Answered . Sorry for your loss. You can request a death certificate from the Probate Court or also check with the Coroner's office in County where your family member passed. If you need assistance call an experinced Probate Lawyer in your area. Depending on the circumstances, the death certificate may not be issued right away?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

Related Topics

Wrongful death and personal injuries

Wrongful death lawsuits can be filed if someone’s death is thought to be the fault of another person or business, either intentionally or because of negligence.

Intestacy and probate

Intestacy occurs if someone dies without a valid will. In this case, the estate goes to probate and is distributed according to the state's intestacy laws.

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