Legal Question in Family Law in Massachusetts

Re: spouse listed on a death certificate

Following addresses each of your questions (taking into consideration the unclearness of some of your questions):

1. "Can a woman who..." NO;

2. "Would listing an unmarried..." NO;

3. "What proof of marriage.." Certified Marriage Certificate;

4. "If a death certificate..." There is not enough facts to give an answer and looks like two separate questions posed;

5. "If a couple..." Whether the records are filed I'm not sure but I am sure, their marriage status is known through various transactions and also needed (i.e. refinancing, mortgaging, renting, etc.);

6. "Other ways to research..." Vital statistics, city hall in their county (public records), etc.;

7. "Since common law..." They may be listed as a spouse but they cannot be listed as married and she/he would not be entitled to benefits;

Now an insurance policy is different anyone can be listed as the beneficiary.

I may be wrong but this sounds like you are trying to interfere with someone else's businesses and if I'm wrong please accept my apology, but if I am correct remember what goes around could surely come around - in other words,

backfire. Good Luck! Sincerely, Maria Murber

Re: spouse listed on a death certificate

No. No, the SSA requires proof of marriage. A marriage certificate (a document with the seal of the town, city clerk or the state agency that has the document stating that the parties were married in that city or town and state). No; the death certificate might raise a presumption of remarriage, but only a marriage would be accepted as proof - a common law marriage would have to be proved by evidence of living in a state that recognizes common-law marriages and that the couple held themselves out as married. Out-of-state marriage documents do not get transferred to a new state of residence; you must request and pay for a marriage certificate from that state or from the city or town clerk where the marriage was perdormed or where either party lived at the time. Lists of state agencies issuing such documents are available online. You must know where the parties were married or lived at common-law. There is nothing in MA law as such that would penalize someone being listed as surviving spouse on a death certificate, unless it were for a fraudulent purpose. See Mass. General Laws, "Chapter 46: Section 9 Death certificates; issuance; contents; declaration of death by nurse, nurse practitioner or physician's assistant."