Concealment of Conviction of Estasfa

Someone asked me, "I have a friend who... 

died recently. His mom wants to know what is the status of the marriage of her late son to his recently married wife, if she married him without disclosing her previous conviction for crime of estafa, now that he is dead?

My answer is the marriage is valid.

Under Art. 45, Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude gives the innocent party the right to annul the marriage within 5 years. The marriage in such case is voidable, or valid until annuled.

However, this non disclosure only makes the marriage voidable. The fact that the husband is now already dead means the marriage is already valid since the right to file annulment is exclusively with the innocent party who is now dead and must be attacked directly, not collaterally. The heirs cannot substitute.