Well its a doozy, my mom and dad were married in louisianna sep 1977, but he was not divorced from his exwife in texas

I am sorry to read about your situation.

My deepest sympathies for loss.

I will do the best that I can to address your concerns.

According to Louisiana, your mother did not legally marry your father.

See Louisiana Civil Code Articles 88 and 94:

https://law.justia.com/codes/louisiana/2021/civil-code/

I can only access the present laws.

However, if there is a marriage certificate, you can use that evidence of marriage.

The ex-wife is not involved here.

She is the ex-wife.

They were divorced before he passed.

Yes, put your mother as his wife on the death certificate.

His ex-wife has no grounds here to appeal anything.

Your father divorced her back in 1978.

Your mother and father had been together since 1977.

Yes, put your mother on the death certificate as the wife.

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Happy New Year!

Hello. I just want to add the following:

Absolutely null marriage “produces civil effects in favor of the party” that married in good faith without knowing that the impediment to the marriage has not been removed.

Here, your mother married your father without knowing that he had not divorced his previous spouse.

So, your mother, the party who contracted the marriage in good faith without knowing that your father was still married at the time of the marriage will be treated as married to your father--it “produces civil effects in favor of” the party that married in good faith. 

So, your mother would be treated as the legal wife of your father. See Louisiana Civil Code Article 96

https://law.justia.com/codes/louisiana/2021/civil-code/article-96/

I wanted to find something that backed up my previous answer that yes in fact you can list your mother on the death certificate as the wife.

The issue of whether the marriage is legal or not  is pursuant to Louisiana law and not Texas.

You are quite welcome!

Thank you once more for using JustAnswer.