falsification of a death certificate

This is a discussion on falsification of a death certificate within the Adoption Issues forum, part of the Other Family Law Matters category; what is the penalty under Minnesota law if you are the Personal Representative and falsify on a death certificate that ...

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Old Jul 11th, 2012, 11:49 PM   #1
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Default falsification of a death certificate

what is the penalty under Minnesota law if you are the Personal Representative and falsify on a death certificate that the decedent was divorced (and never married) when in fact the decedent was legally separated and therefore was married.

As a result, surviving spouse (who was well known to the Personal representative and all family members) was not initially notified for the Probate proceedings.

Surviving spouse does later initiate a claim for her spousal rights on the Will.

Now Personal Representative is stating that they did not know the descedent was legally separated and just assumed was divorced.

Falsification of a death certificate is a prima facia offense of the law

Legally, what is the burden of the Personal Representative to know the marital status of the decedent before filing a death certificate?

Also Personal Representative by eliminating the surviving spouse would have financial assets to gain..

What are the penalties of law in the State of MN regarding falsification of a death certificate when there would be potential financial gain?
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Old Jul 12th, 2012, 12:13 AM   #2
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Default Re: falsification of a death certificate

I wish to inform you that any person who willfully and knowingly provides false information for a certified vital record may be sentenced up to 1 year in jail or a fine of up to $3000 or both (Minnesota Statutes, section 144.227 and section 609.02, subdivision 3 and 4). You will thus have the burden to prove that no false information was provided by you willfully.

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Old Jul 12th, 2012, 09:25 AM   #3
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Default Re: falsification of a death certificate

Further, the personal representative committed a fraud upon the court and can be held personally responsible to the spouse for misappropriating, misdistributing the husband's assets.
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