Legal Question in Wills and Trusts in California

Declaring Someone Legally Dead

As a divorced spouse 68 years old and married 14 years, I understand I am entitled to my deceased husband's Social Security benefits which are greater than my own. However being estranged since the divorce in 1982, I cannot locate a death certificate, ( SS and the Veterans Administration both confirm he passed in 1989, but no longer have records telling where ). Social Security stated that they will accept a certificate declaring him legally dead in lieu of the death certificate. How would I go about getting such, and/or what type of attorney would be able to help?


Asked on 11/06/07, 1:01 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Declaring Someone Legally Dead

Any type of attorney. The Petition must be filed in a court of competent jurisdiction, notice and publication must be given as required, resulting in a judicial declaration. It is fundamentally a declaratory relief action.

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Answered on 11/06/07, 1:32 pm


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