Petition to amend death certificate in fl

Discussion in 'Use of the Law Forum & News' started by Marthakupfer, May 16, 2016.

  1. Marthakupfer

    Marthakupfer Law Topic Starter New Member

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    My husband's death certificate was intentionally falsified by his son to show his father as divorced rather than married so he would be next of kin for the purpose of inheritance . In Florida a court order is required to change this particular item. I need a typical example of a petition to the judge of probate to file so I can have this changed. Thank you for your help.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The death certificate has nothing to do with inheritance and you would be better served by opening probate yourself and getting control of the estate administration.

    You could spend months fooling around with the death certificate while the son is running rings around you.

    Consult a probate attorney if you have to.

    Did your husband leave a will? If yes, do you have it?

    If no, then he died intestate, and you'd be entitled to half the estate anyway. What's on the death certificate doesn't change that.
     
  3. Marthakupfer

    Marthakupfer Law Topic Starter New Member

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    Yes he left a will showing me as the sole heir. There is no real property. However, the problems arising are in applying for his SS benefits, VA and DFAS. In Florida, a court order is required to change the marital status of a death certificate. This is why I need a sample petition so I will know how to address the court. Hope this helps explain things a little better. Thank you for your help.
     
  4. army judge

    army judge Super Moderator

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    You do NOT need to be married in order to apply or to receive benefits.
    You can be married, or divorced to be eligible, assuming you meet other criteria.
    If you are able to work, you won't qualify for benefits until you are either declared PERMANENTLY or at your retirement age window.

    I suggest you ask more detailed questions directly of social security.

    Don't worry about what the death certificate says, divorced or married.

    You won't need to bother changing the death certificate.
    As the death has been reported, filing for benefits should be easier for you, in some respects.

    That means nothing except for one who wanted the lousy $250 that social security gives to the heir of the deceased.

    You'll probably need a copy of your marriage license and divorce certificate at some point.

    SS will tell you.

    Good luck.

    You need to provide the funeral home with a copy of the deceased person's Social Security card or his/her social security number.

    If you want the funeral home or crematory to make the report of death.

    If you wish to report the person's death or apply for survivor's benefits, call 1-800-772-1213. You can speak to a Social Security representative between 7 AM and 7 PM Monday through Friday.


    You cannot report a death or apply for survivors benefits online.

    This is the social security website where you will receive further explanations/directions.

    Survivors Planner: How You Apply For Survivors Benefits
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I have not been able to locate a sample petition and I've checked the forms lists on several of the court websites of the larger counties. I suspect that there is no pre-printed form because it doesn't happen very often.

    The following webpage has links on the left side of the page to self help centers and legal aid where you might be able to get some help in drafting a petition:

    Family Law & Self Help Information

    Thinking outside the box, I checked Florida statutes and found:

    382.016 Amendment of records.—The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary.
    (2) CERTIFICATE OF DEATH AMENDMENTS.—Except for a misspelling or an omission on a death certificate with regard to the name of the surviving spouse, the department may not change the name of a surviving spouse on the certificate except by order of a court of competent jurisdiction.


    If the death certificate shows "not married" and "none" for spouse information it occurs to me that it's an "omission" and not a correction of the name of the spouse and, therefore, would not need a court order but only need the appropriate application and affidavit (with supporting documents) to the Department of Health:

    http://www.floridahealth.gov/certif...orrections/_documents/DH_670_Instructions.pdf

    http://www.floridahealth.gov/certif...ndments-corrections/_documents/DH524_2014.pdf

    http://www.floridahealth.gov/certif...ctions/_documents/DH_433_Amend_Death_Cert.pdf

    If you are just correcting an omission, try that rather then get bogged down with courts and trying to get legal help.
     
  6. Marthakupfer

    Marthakupfer Law Topic Starter New Member

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    Tha
    Thank you very much. I, too, have read the statutes, but did not see this one. Further, the FL dept of Vital Statistics insists that I go through the Office of Probate and file a Petition. But, if the SSA and VA will accept another proof of death, that's all I need. Interestingly enough, the State Attorney's office wants to press charges against those involved with the deliberate falsification of the death certificate. I hope they'll proceed. Aagain, I thank you.
     
  7. Marthakupfer

    Marthakupfer Law Topic Starter New Member

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    Thank you so much for your reply. It is very helpful. We were not divorced. So I'm hoping that the marriage certificate and a statement from the funeral home will suffice. Again, thank you very much for your help.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    I'm guessing you spoke to some know-nothing clerk on the phone who prefers to say "no" rather than take the time figure out a way to help somebody.

    I suggest you complete the forms for correcting an omission, attach your documentation, and send it all to the PO Box address at the top of the instruction page (keep copies, of course). It's more likely to be directed to people who handle those forms every day as a matter of routine. You've got nothing to lose by trying it that way.