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Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36961
Experience:  30 years as a family law lawyer .
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Friend of mine needs some advice, she was separated from her

Customer Question

friend of mine needs some advice, she was separated from her husband. her husband recently passed away. she is trying to get a certified copy of her husband's death certificate. the county of San Diego won't give her a copy of the original death certificate because someone reported that at time of his death he was divorced. that's not true. to her knowledge she never divorced him. she even checked with the county records and nothing was found. what can she do to have the marital status changed on the death certificate to married status when he died?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Califorina
JA: Has anything been filed or reported?
Customer: what do you mean?
JA: What confuses you?
Customer: What was filed? only thing is the Death Certificate Says he is divorced, and that"s not true. their is no divorced filed because she never signed divorce papers to be filed. We have already checked with the county?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. only thing is their is a home that she needs to find out whats going on with it because it was in both thier names
Submitted: 11 days ago.
Category: Family Law
Expert:  RayAnswers replied 11 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 11 days ago.

Here this can be corrected by affidavit if the informant and you sign the affidavit.Otherwise you are going to need a lawyer to make application for probate and be named personal representative by the court.As PR you can obtain the death certificate and then seek to have it corrected by probate court order.Either way this is the process to do this.

https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Affidavit-DeathPAMPHLET-(01-16)-MERGED.pdf

Likely you are going to need lawyer to make application here and get you appointed personal representative and court order finding you as legal spouse/heir.

Then you are able to correct the death certificate.

This is correctable here through probate court if necessary where the person deceased.

I appreciate the chance to help you today.Thanks again and the best here.