If a child of the deceased has the funeral home director put the wrong information on a death certificate (in this case divorced instead of married) are there any legal implications? Also, how can it be corrected?
There could be implications if there is a surviving spouse. With regards to probate it affects spousal share, elective share and other distributions.
I would recommend you contact the funeral home and ask them to assist you in correcting the death certificate.
It dosent really matter what the death certificate says. What really matters is how the estate is administered. Notice should be sent to the spouse or former spouse. Then you can get to the bottom of whether there was a divorce or not.
The death certificate is not going to control how the estate is administered. In other words, it doesn't matter what it says on the certificate, what matters is whether they were still, in-fact, married to each other.
Licensed in North Carolina only. This post is intended for general informational purposes only. By submitting this information, I in no way intend to create an attorney-client relationship with any prospective reader, nor does this post serve to establish such an attorney-client relationship. You should consult with your local attorney prior to making any decisions which may impact your legal rights.
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