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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#1 |
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Junior Member
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Join Date: Jul 2012
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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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#2 |
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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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#3 |
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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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