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    patti13131's Avatar
    patti13131 Posts: 3, Reputation: 1
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    #1

    May 8, 2009, 11:30 AM
    Dead husband's legal documents
    My husband died on March 3. My daughter took our marriage certificate, his death certificate and his will. I have asked her for them but she won't give them to me. How can I get them?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 8, 2009, 12:18 PM

    Marriage certificate, you can merely get a new one from the court where your license was filed

    Death certificate, I will assume you got a dozen or so, if not you should have since you will need to send them to all sorts of places, just get some more.

    Will, are there copies with his attorney perhaps.

    Open a case in probate court, get a court order for her to hand it over,
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    May 8, 2009, 02:06 PM

    Did she say why she took them ?
    patti13131's Avatar
    patti13131 Posts: 3, Reputation: 1
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    #4

    May 9, 2009, 11:16 AM

    My husband had a checking account in another city. I need these documents to close the account. I'm sure he had money in the bank but the bank is by his mother's address. I think both my mother-in-law and my daughter has taken the money. In his will I received everything.
    patti13131's Avatar
    patti13131 Posts: 3, Reputation: 1
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    #5

    May 9, 2009, 12:21 PM

    Yes, I know I can get another marriage license. But my daughter was taking care of everything so she got a lot of his death certificates. And I don't know where his attorney is. But my daughter just came into our house and took the documents. I have asked her for copies but she won't give me any. She keeps telling me that she needs all of them to settle his account. But it's been over 2 months now. I will have to take her to court but it's hard for me because I'm in a heelchair.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    May 9, 2009, 01:18 PM

    Was your daughter appointed executor in the will? Do you know if she filed probate?

    Even though you receive everything, he may have appointed her executor. If she did not probate the will then she can't close anything out. I would suggest you retain a lawyer to check these things for you.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    May 9, 2009, 01:34 PM

    As Scott had said in probating a will the whole process usually takes more then 90 days so not getting anything in 2 months isn't unusual. But you still should be informed of everything going on. Its inexcusable that your being kept out of the loop.

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