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AJ'sMom

Junior Member
What is the name of your state? Michigan

I am not sure if I am posting this on the right page or not, but I need some advice. A week in a half ago my father passed. Although he and my mother were seperated, they were still married. We were contacted by his family in regards to making funeral arrangements, and insurance policy's. His oldest neice was made Power of Attorney for her uncle, and my father had an insurance policy put in his brother's name, and one in my younger sister's name. There are 5 policies total, 2 in which we have not been told who they are insured by. To our knowledge he only has 2 kids I am the oldest, and my sister. His family was made aware by my mother, that he had the marriage license, and his birth certificate. They told us that there was nothing they could do, because my mother was his wife and had to make the funeral arrangements. The next day, she calls to have his body moved from the one funeral home to another, and was told that she needed the marriage license. When she called my father's neice and asked for it, the neice did not return her call, the funeral home called, and said that his family did not want the body moved, and they were disputing the license. My mother went and got a copy of the license, and now his family is saying that the name on the marriage license is incorrect, because there is a middle name, and his birth certificate doesn't have a middle name. They are also saying that the year of birth does not match. WE have not seen the birth certificate nor are they allowing us to see it. They also advised that because of the incorrect information, that if my mother questions it, she can be arrested for sigining a false document. We have not seen the insurance polices, that are in question, nor have we been allowed to go to his apartment, and see if he had a will. We are just going by he say. I don't know what to do, and I don't know what can be done. They are also saying that he did not sign the marriage license, I didn't know that you could only have one signature. My mother is no mentally stable and is not allowing me to see the copy she has,. His family wants her to sign something saying she is not the wife, which seems odd to me. I would just like to see him buried with respect, and it seems as though that is not going to happen. PLEASE ADVISE ME!
 


BlondiePB

Senior Member
AJ'sMom said:
What is the name of your state? Michigan

I am not sure if I am posting this on the right page or not, but I need some advice. A week in a half ago my father passed. Although he and my mother were seperated, they were still married. We were contacted by his family in regards to making funeral arrangements, and insurance policy's. His oldest neice was made Power of Attorney for her uncle, and my father had an insurance policy put in his brother's name, and one in my younger sister's name. There are 5 policies total, 2 in which we have not been told who they are insured by. To our knowledge he only has 2 kids I am the oldest, and my sister. His family was made aware by my mother, that he had the marriage license, and his birth certificate. They told us that there was nothing they could do, because my mother was his wife and had to make the funeral arrangements. The next day, she calls to have his body moved from the one funeral home to another, and was told that she needed the marriage license. When she called my father's neice and asked for it, the neice did not return her call, the funeral home called, and said that his family did not want the body moved, and they were disputing the license. My mother went and got a copy of the license, and now his family is saying that the name on the marriage license is incorrect, because there is a middle name, and his birth certificate doesn't have a middle name. They are also saying that the year of birth does not match. WE have not seen the birth certificate nor are they allowing us to see it. They also advised that because of the incorrect information, that if my mother questions it, she can be arrested for sigining a false document. We have not seen the insurance polices, that are in question, nor have we been allowed to go to his apartment, and see if he had a will. We are just going by he say. I don't know what to do, and I don't know what can be done. They are also saying that he did not sign the marriage license, I didn't know that you could only have one signature. My mother is no mentally stable and is not allowing me to see the copy she has,. His family wants her to sign something saying she is not the wife, which seems odd to me. I would just like to see him buried with respect, and it seems as though that is not going to happen. PLEASE ADVISE ME!
It's difficult to read long posts when they are not broken up into paragraphs. POA expires upon the death of the grantor. There was a very interesting situation from MI a while ago. You mother may/may not have a say-so about this at all. Call an attorney.

ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998

700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence.

Sec. 2801.

(1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(2) For purposes of parts 1 to 4 of this article and of section 3203, a surviving spouse does not include any of the following:

(a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife.

(b) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual.

(c) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.

(d) An individual who, at the time of the decedent's death, is living in a bigamous relationship with another individual.

(e) An individual who did any of the following for 1 year or more before the death of the deceased person:

(i) Was willfully absent from the decedent spouse.

(ii) Deserted the decedent spouse.

(iii) Willfully neglected or refused to provide support for the decedent spouse if required to do so by law.

https://forum.freeadvice.com/showthread.php?t=216379
 

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