How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 28504
Experience:  29 years in civil, probate, real estate, elder law
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

My husband and I agreed to live apart. He went to Texas and

Resolved Question:

My husband and I agreed to live apart. He went to Texas and I stayed in Ohio. On Sept 24 2010 he passed away. His mother told the authorities that he was divorced. Now his death certificate states that he was divorced and there is no surviving spouse. Because of this I cannot collect royalties that are due me as a surviving spouse. I have been told by the Texas Dept of Vital Statistics that the only person who can request this change is the one who provided that information. I have proven to her through documentation that we were not divorced. She refuses to do this because she refuses to believe her son lied when he said he and I were divorced. I have lost a lot of money because of this error on his death certificate. Can I sue her for willful fraud?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good morning.My sympathy here for your dilemma and situation.

RayAnswers :

You are going to need a Texas lawyer here in the county where he deceased.The lawyer can do two things here immediately.He can write the Oil Company demanding they suspend the payments.They will do that.That keeps the money until you can then file for probate.

RayAnswers :

The minerals and any other property he owned here passes under the laws of intestacy.If the court finds that you are the sole heir they will award it all to you.You can ask that you be appointed the personal representative.Once you are appointed here you would gather the assets and file an Inventory of them and pay any debts, taxes on the estate.Then as personal representative you would deed as personal representative deed the minerals to yourself.Once this is done and recorded then you can start receiving the minerals.And then you decide if you want to pursue the mother here you may well have a civil claim for those losses.

RayAnswers :

But getting the mineral payments held and probate started is the legal remedy here to get your payments.

RayAnswers :

You can locate a local Texas probate lawyer here

Customer:

Thank you. Can I force his mother to make the change? I don't have the $2,500.00 to pay for it.

RayAnswers :

The only way to force the mother here to correct it here is lawyer threatening to sue and even that may not work.You can write the Oil Company yourself and ask them to suspend the payments.And you can supply them copies of your marriage license.But they may want you to file probate here.This might qualify for a small estate--simplified probate proceeding.But it depends here if the lawyer uncovers additional assets.He may have had personal property or real estate or even bank accounts that you do not know about.

RayAnswers :

You are also entitled here to a death benefit from social security.Its a small amount.If you aren't getting social security yourself you can draw widows benefits.

Customer:

Thank you again. I am already drawing social security disability so no, I am not entitled to the widows pension. I will do what you suggest. Thank you again very much!

RayAnswers :

Here is the death benefit why not apply for that.

RayAnswers :

And you may want to see if his benefits are more than you are getting on disability.

RayAnswers :

Why not use the lawyer referral here.You get a half hour with a local lawyer and you may get a fee quote.Again he may other assets here--everybody has a bank account with additional funds.

RayAnswers :

I am so sorry that you have been treated this way by the mother.

RayAnswers :

You do have rights hre since you were still legally married in Texas.

Customer:

I have already done that, I worked far more years than he did. My own entitlement is nearly $300 more than what I would get on a Widows Pension. I was hoping threaten her with fraud because she knows for a fact that we were never divorced she just doesn't want me to get the oil money.

RayAnswers :

If you file for probate the court orders naming you the heir would supercede the death certificate and force them to change it.

RayAnswers :

Don't give up on this the law is on your side as the legal widow.

Customer:

I won't!! Thank you so much! You have given me hope!

RayAnswers :

Good luck to you.

RayAnswers :

If you can leave a positive rating it is much appreciated.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.


 


 

Ray, Lawyer
Category: Legal
Satisfied Customers: 28504
Experience: 29 years in civil, probate, real estate, elder law
Ray and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.