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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 53830
Experience:  Licensed attorney helping individuals and businesses.
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There are some monies in trust father my mother and he have

Customer Question

There are some monies in trust for my father my mother and he have been seperated for over 50 years I put divorce on the death certificate because I thought they were. MY mother is signing an avidavit that she is legal heir and I know now they never divorced. Will the company this is going to have a issue that the certificate says divorced?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

If they were only separated, it needs to reflect that. She would still be an heir where not divorced. Note that if a beneficiary on account, even if divorced, still stands to inherit.

Expert:  Infolawyer replied 1 year ago.

Kindly click on a positive rating.

Customer: replied 1 year ago.
before I can help her with this I have to get the death certificate ameded?
Expert:  Infolawyer replied 1 year ago.

That is not required. the fact they were not divorced as evidenced by lack of divorce judgment is sufficient to show not divorced.

Expert:  Infolawyer replied 1 year ago.

Kindly rate the answer positively.

Customer: replied 1 year ago.
Is that up to my mother and I to show there is no divorce decree like thru a background check company or something or the company that has the money in trust?
Expert:  Infolawyer replied 1 year ago.

correct, she would get that and can be confirmed by checking court dockets that wont show a divorce judgment.

Customer: replied 1 year ago.
There are so many companies out there do you have a recommendation for background check? I have already checked superior court records and know there is no divorce decree under his name.
Expert:  Infolawyer replied 1 year ago.

I would have an estate lawyer do that, and martindale.com is a good resource.

Customer: replied 1 year ago.
Estate lawyer do the background check? or the confimation thru superior court. I am having trouble getting a lawyer because of the small amount of money involved.
Expert:  Infolawyer replied 1 year ago.

Both, you will need a lawyer involved so why pay both. findlaw.com and martindale.com are good resources. Alternatively, see if a paralegal will do the legwork cheaply of searching court dockets, including through craigslist.

Expert:  Infolawyer replied 1 year ago.

Kindly click on an excellent rating.

Customer: replied 1 year ago.
Thank you. I am trying to find an estate lawyer.
Expert:  Infolawyer replied 1 year ago.

Very welcome. martindale.com, avvo.com and lawyers.com are great resources for finding local counsel, as can be local word of mouth or even sometimes craigslist.com under legal services for cheap options. Kindly click on an excellent rating for the answer.