Legal Question in Social Security Law in Alabama

My brother just recently passed in Alabama and we discovered that he was not legally divorced from his 1st wife when he and his supposedly 2nd wife was married over in Atlanta Georgia. The 2nd wife is identified as his wife on the death certificate and they have been filing income tax as husband and wife for some years. The first wife have copies of her marriage cert, divorced papers and a copy of the death cert. By the way she was married to him for twenty years. The second wife can't seem to come up with a copy of the marriage cert. and said she was going to file for his social security. My question is isn't this a case of fraud and who should file for his social security?


Asked on 4/15/11, 6:40 pm

1 Answer from Attorneys
Edward Tracy Southern Legal Group, P.C.

If his first marriage was never legally dissolved then following marriages would be invalid.

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Answered on 4/15/11, 7:04 pm


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