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Is my dad legally married to his wife if she used her late sister's name & DOB marriage cert. & is she entitled to his estate?

Sioux City, IA |

While completing my dad's death cert. his wife was asked her DOB (8/31/31), she was born in 1931,but never had birth cert. but explained she has always used her late sisters name & DOB who was born 3yrs later (8/31/31 & passed 3 mths after birth. Her and my father were married in IA & lived in TX for 17 years until he passed. I have tried to find out any type of info on her using my computer and it seems like she just didn't exist prior to marrying my dad, except for her sons, who's dad she was married to & buried through the same funeral home as my dad & his name doesn't exist either, nor can you find any record of his obituary. Something is definitely off about this, but not sure where to go for answers w/o having money to pay up front.... Wld be nice if could get some type of directio

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Attorney answers 1


There is nothing in your narrative that suggests your father's wife would not be entitled to a portion of his estate. Unfortunately, you'll have to visit a local attorney if you want to try to prove that she was never legally married to your father or to otherwise challenge her rights as surviving spouse. You can find local attorneys here on Avvo. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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