Legal Question in Wills and Trusts in New York

Flase information in legal documents

If there were false information in the marriage certificate, is that marriage valid in NY?

After the death of my father we found he married a woman who was a tenant of my father�s building in NY also she had known as a caregiver of my father. The marriage was he at age 81 and she at age 51. He died after one and half year of the marriage and 10 days after when she completed all the transaction from my father. My father's legal name was backwards and the birth place was wrong in the certificate. My father married at the time when he was not of sound mind and memory and understanding and lacked testamentary capacity.


Asked on 3/10/09, 7:22 am

1 Answer from Attorneys

Re: Flase information in legal documents

What you are asking for is to annul the marriage of your father and his caregiver so as to void the claims of his spouse (caregiver) under his will. In order to do so, you would need the court to find the marriage void.

I recommend you contact a divorce or family law attorney to discuss the possibility of this cause of action on behalf of your father's estate.

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Answered on 3/10/09, 4:38 pm


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