QUESTION
Why would my father's widow need my mothers death certificate?
Asked on May 29th, 2013 on Estate Planning - California
More details to this question:
They have been divorced for 25 years and my mother has been deceased for 7 years.
15 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Joint ownership of an asset possibly?
Answered on May 31st, 2013 at 11:19 AM
Thomas Edward Gates
Your mother may be on the title of property held with your father and his wife needs proof that she is deceased.
Answered on May 31st, 2013 at 2:08 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Why not ask her?
Answered on May 31st, 2013 at 2:03 AM
Probably because your mother's name is listed as an owner on some property.
Answered on May 30th, 2013 at 7:49 PM
It may be necessary if there was property in joint tenancy between your father and mother.
Answered on May 30th, 2013 at 9:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Possibly because the life insurance has your mother as the beneficiary and to the estate if she is dead. Ask his wife. She shouldn't have a problem telling you .
Answered on May 30th, 2013 at 9:59 AM
You don't give enough details to give an accurate answer. However, some state statutes require documentation the existance or death of potential heirs during the probate process. It also may be that your father listed your mother as a beneficiary on some policy or account and the death certificate is necessary to prove that she is deceased.
Answered on May 30th, 2013 at 9:59 AM
Most likely it relates to title to real property. If your father and mother owned real property, but did not pay attention to detail at the time of divorce and convey the property to your father by executing and recording a deed, record title to the property would still be in the name of your father and mother. If your father (believing he owned the property) attempted to convey it to he and his new wife, the conveyance would not be fully effective unless your mother's death certificate was recorded. Of course, after the divorce, your father & mother owned the property as tenants in common, so the death certificate might not be all that would be necessary to clear title to the property in your father's widow. There could be other reasons for the need for a death certificate (such as other jointly owned property). There is no way of knowing without conducting some investigation of the facts.
Answered on May 30th, 2013 at 9:58 AM
To prove she is legally married. Maybe there are accounts jointly titled in your mom and dad's names that you dad never changed to his name, and she need to prove you mom died first, so they became your dad's.
Answered on May 30th, 2013 at 9:58 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Good question. I do not know. Don't give it to her. You may be entitled to some type of inheritance. Check it out by looking in the court filings for probate actions wherein you may be a possible heir as a result of your father's death or may be a beneficiary of a life insurance policy.
Answered on May 30th, 2013 at 9:57 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Yes to clear her name off the title to his house.
Answered on May 30th, 2013 at 9:57 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Perhaps she needs to prove the date of death. Maybe there were assets that were joint with her, or perhaps she was named a beneficiary on something.
Answered on May 30th, 2013 at 9:57 AM
3 Awards
Any number of reasons. Maybe she was still named as a beneficiary of something. Maybe it is needed for a pension issue. There could be any number of reasons. Why not ask her?
Answered on May 29th, 2013 at 10:59 PM
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It is hard to see but your mother may have been a beneficiary on something that was never changed after the divorce. Your best bet is to ask the wife.
Answered on May 29th, 2013 at 10:00 PM
Have you asked her? Offhand, I do not see the need, but maybe he left a Will giving her some assets.
Answered on May 29th, 2013 at 9:55 PM