Legal Question in Family Law in New York

husband death

needed to know if iam able to get id money he left at the hosipal still married to him but was not living with him at the time of his death but that told me that i needed a lawyer have a paper from lawyer stating am legel the person to get it needed to know if i have to do thay or if my marriage lic is enough to get it thank you i live in the state of nyhe has a brother but thay told me am the only one that can get it


Asked on 4/17/07, 5:35 am

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: husband death

If your deceased spouse, for a substantial period of time, declined, failed or refused, to report or acknowledge to a hospital, employer or other Agency, that he was married to you and you want recognition from such an Agency, that you are [the] surviving spouse, you DO need to produce more than a copy of your Marriage License.

Suggest that you immediately:

1) Obtain a CERTIFIED copy of your Marriage License.

2) Run a Tr-State "CERTIFIED" Divorce records search. (Run for the states where you & husband married, lived and worked).

3) Have available, YOUR Government Identification proving that you are the person named in your marriage license. ID, should include a certified copy of YOUR Birth Certificate, your Drivers License, Passport, etc..

Websites for the Department of Vital Statistics or of Health, for the States, you need to search, can provide you with useful information.

Good luck,

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Answered on 4/17/07, 2:36 pm
Lissa Luke Luke Law Offices PLLC

Re: husband death

Yes, you may have to get letters testamentary from Surrogates Court. You should probably ask an attorney to do this for you and you may be able to pay them a percentage of what you recover from the hospital. You need an attorney who handles trust and estate matters.

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Answered on 4/17/07, 10:45 pm


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