Legal Question in Wills and Trusts in California
My probate lawyer handed over my cousin's certified death certificate to the attorney of his girlfriend who was trying to collect on a insurance policy. Was that legal? She has no right to his certified death certificate, they weren't married. Would the other attorney have been able to go to court to get the certified death certificate for his client? If so, on what grounds.
3 Answers from Attorneys
Anybody can buy a certified death certificate of anybody from the county clerk's office.
If your cousin's girlfriend is the beneficiary on the insurance policy, she needs to provide the insurance company with a certified copy of the death certificate. As Mr. Stone has stated, anyone can obtain a copy of a death certificate from the county where the individual died.There is no problem with the estate's attorney providing one to the attorney for the girl friend.
The other attorney would not have to go to court. He would have been able to either (a) go to the recorder's office and get an information copy, or (b) have the court issue an order for the recorder to give him a certified copy.
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