I was married to my husband for 25 years.. never divorced.. I traveled a lot due to my job.. my husband got to where he could not drive and pay his bills, so he gave his daughter.(.my stepdaughter... ) power of attorney... my husband died a few weeks ago,and she took care of the funeral arrangements.. on his death certificate,she put that he wasn't married,I've contacted the funeral home and told them we were married... who is at fault here? I'm thinking they both are..

Where is this? Funeral homes don't issue death certificates that I know of. A doctor or hospital issues the certificate. So I don't see where the funeral home would be at fault.

However, a death certificate is a legal document and falsifying one can be a crime.

I'm with Scott. A death certificate is issued by a doctor, not the funeral home. The funeral home (where I live) can provide you with a copy of the death certificate, but they're not the ones that fill it out, or issue it. In other words, they're not at fault.

If the daughter lied and said he isn't married, she's the one at fault. The doctor that issued the death certificate can only go by what he/she is told. If the daughter had power of attorney, and lied to the doctor, she's at fault.

What does it matter?

Granted, death certificates are used for all sorts of things, probate petition, notification to banks, Social Security, etc. But you can show that you were married. So, again, what difference does it make?

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Originally Posted by AK lawyer

What does it matter?

Granted, death certificates are used for all sorts of things, probate petition, notification to banks, Social Security, etc. But you can show that you were married. So, again, what difference does it make?

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Well, the difference is that the daughter with the power of attorney, lied about the marital status of her deceased father. That's fraud. Fraud is illegal.

Lying and doing fraud are not synonymous.

Fraud requires intent to profit from the falsification.

Normally, reporting the decedent's information to someone for the purpose of filling out a death certificate doesn't require a statement under oath. So I doubt that would constitute perjury.

And I think you will find that "fraud", in of itself, is not a crime. It may be "illegal" in the sense that it can be the basis for nulifying some act (and "fraudulently altering a ____" may be defined as a crime), but, again, what is the harm?

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Fraud requires intent to profit from the falsification.

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In that case, I hope the OP comes back and tells us why this is a concern. There could be complications with probate, and the will, because the daughter lied about the marital status. In other words, the daughter could potentially profit from this lie, if it's not cleared up before the estate goes to probate.

There's not enough info to decide if this lie will effect the OP, or if the OP is simply upset because the death certificate states her husband wasn't married. If it's a case of hurt feelings, I agree, it's no big deal. If it's a case of the estate going to the daughter because she lied about her father being married, it's a huge deal, and criminal.

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Originally Posted by Alty

In that case, I hope the OP comes back and tells us why this is a concern. There could be complications with probate, and the will, because the daughter lied about the marital status. In other words, the daughter could potentially profit from this lie, if it's not cleared up before the estate goes to probate.

There's not enough info to decide if this lie will effect the OP, or if the OP is simply upset because the death certificate states her husband wasn't married. If it's a case of hurt feelings, I agree, it's no big deal. If it's a case of the estate going to the daughter because she lied about her father being married, it's a huge deal, and criminal.

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Agreed.

And I really doubt that it would complicate probate. Simply stating, in a verified probate petition, that OP and decedent were married at the time of his death, perhaps noting that the statement in the DC was made in error, would clear it up.

Alternatively, OP can get an amended DC.

Piedmont,AL.

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Originally Posted by Alty

I'm with Scott. A death certificate is issued by a doctor, not the funeral home. The funeral home (where I live) can provide you with a copy of the death certificate, but they're not the ones that fill it out, or issue it. In other words, they're not at fault.

If the daughter lied and said he isn't married, she's the one at fault. The doctor that issued the death certificate can only go by what he/she is told. If the daughter had power of attorney, and lied to the doctor, she's at fault.

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Funeral home fills out a part..
Doctor filled out a part
And one other person,

It was done out of spite... my husband would have not wanted this... I need it corrected, due to drawing his benefits

It's easily corrected. Just bring your marriage certificate to the funeral home, the doctor, or whoever filled out the death certificate, and have it amended.

As for the daughter doing it out of spite, there's really no way to prove that in court, and since this is easily corrected, I really don't see a lawsuit of any kind, not that you asked about suing, you simply asked who is at fault, and that would be the daughter, for lying. Sadly, I don't see you making her pay for lying, she could easily say that it was a misunderstanding, a typo, whatever, and since you can't prove she did it out of spite, and you won't suffer monetarily for this, you have no way to make her pay for this lie.

Good luck. .

Here is the process for correcting it

http://adph.org/vitalrecords/assets/NewHS33.pdf

From what I researched AL includes information about interment as part of the death certificate record. That's the part the funeral home fills in. The attending physician and the funeral home would rely on the next of kin for other data. So the fault lies solely with the daughter.

There was a mistake on my father's death certificate, and I was concerned because they were all notarized (I was told to buy several - turns out not needed) and the funeral director fixed each one with white out. So much for the notary.
The reason I didn't need more than one was because I contacted insurance companies and other places within 6 months of death. In that case a copy of one was acceptable. This was in my state; other states might be different.

Then get it corrected.

Your daughter was the third, "one other person," then? Was there a place for her to sign? Did it have, near where she was to sign, words like "under penalty of perjury"? If not, it's doubtful that her spite was criminal.

And how do you know she did this out of spite? Did she tell you that? It's conceivable that she inadvertently checked the wrong box.

Perhaps if you and husband was not living together, she assumed you were divorced ?
But yes you will need to just correct it.