Estate Legal Matters To Deal With When Your Spouse Dies

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Sometimes, after a spouse dies, the surviving spouse assumes that they don't need to tend to any estate legal matters. While every situation is unique, the following is generally what should happen after a spouse passes away.

Within a couple of weeks after your spouse dies, you should determine whether a probate is necessary. Take a look at real estate titles, bank account titles, brokerage account titles, and vehicle registration or titles. If assets such as these are in the name of your deceased spouse, you may need to see an attorney about conducting the probate to clear up the frozen assets and remove your deceased spouse's name from these assets.

Once death certificates arrive, complete the handling of those beneficiary designation items, such as annuities, life insurance, IRAs, and other retirement accounts.

If your spouse, or you and your spouse, created a living trust, there may be no probate necessary. But many joint living trusts require that upon the first spouse's death, the joint assets be split into the Deceased Spouse's Trust and the Surviving Spouse's Trust.

So, don't be afraid to ask questions. If you get help, get the right help. And while you may not want to immediately make major financial and contractual decisions, it is prudent to handle the matters addressed in this post promptly.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney

[grandmajanedeacon]

Thanks for these videos. My husband died in 2020 and the funeral home recommended obtaining around 10 death certificates. The cost was $150. I found that almost every company scanned it into their computer system and handed it back to me or mailed it back. This included the investment firm and the local bank. Life insurance companies just wanted a copy—there are other ways to verify a death so a certified death certificate wasn’t necessary. It seems businesses don’t want to keep track of paper anymore. Of the 10 death certificates I obtained, I have 8 left. I was advised by my attorney to obtain a Verification of Death which is as valid as a Death Certificate but doesn’t have all the extra information on it that is not pertinent to most companies and can present an avenue for identity theft. This was available in Colorado, I’m unsure of other states.

[tcwaterdrill]

I live in Alabama, if your car title is in both names with the word "or" between both names ether person can sell the car. If the title has both names and the word "and" between both names and one dies then probate here we come to sell it. So always if you trust your spouse title in both names with "or" between them.

[cheryljune]

My husband died 4 months ago, I just cannot even think of paperwork and I’m far behind on it

[ritadilger]

Thank you so much. My husband won’t get a trust, he always says everything will automatically go to me. Now I know that’s not the case. You’re helping me immensely. I’m hoping he’ll listen to this and consider do things now. We live in California so I’m sure the state will not make it easy.

[jonetyson]

The stupidest question in estate planning is the the one someone felt too embarrassed to ask

[billiehaley]

When we walk in to talk "larry" we will be better prepared. 💜

[susangarrett]

Boy am I glad I don't live in Louisiana! So many things he mentioned having to go through probate don't in Florida.

[californiadreaming]

Thank you, omgoodness. My spouse passed 5 yrs ago. I haven't done anything.

[KristiContemplates]

My parents were unwed teens when I and my younger sibling were born.
They went on to marry other people and had more kids.
If/when they pass, the probate will be 'interesting' 😢

[dbags]

On the car title here in South Carolina it depends on the wording of said title. If its "AND" you have to go through probate but if its "OR" nothing has to be done.

[elliewilson]

My husband passed and immediately I started all the paperwork. I was giving 15 death certificates and did all my paper . I was fortunate that my husband was a 26 years military retired so DEFAS and VA took care of the money thing for me . Also our banker and the death insurance took care of the rest . For me it was just easy to transfer cars registration and title on my name as likewise the house . Bank open another bank account for me and piggy ride my account on our joined account for six months . I recommend to have all paperwork in a handy folder and carry with you .

[patriot]

The "stupid question" is the one you should have asked, but didn't.

[sylvievicenza]

You are so interesting. My husband in American and I am Canadian. I did my will and he did not. He always tell me I would be ok.I never believed than and listening to you I see what I would be against. AND the fact that it is two different country&laws.

[Deej]

My beloved husband is dying from late-stage cancer. He always did EVERYTHING for me.. All of this sounds so complicated.. God help me!

[chantakiskimartin-goree]

How can I get my spouse pension after he died? He died in A the October 19th 2014. They'll give me a hard time and I don't know what to do. This is two thousand and twenty three is it too late or can I still get it

[patrickmckeegan]

Death Certificates cost $16 each in my State. I ordered 3 certified originals. Most places took photo copies.

[sivaselvigunasekaran]

You not only give valuable information but very understanding and companionate. You are a good and caring person. Thank you. I do not know when this video was produced; but is it possible for you to give a presentation on how SECURE act affects living trust of surviving spouse and recently converted family trust under the name of deceased spouse. I am scheduled to review and if necessary, amend my living trust which I believe is a AB trust or something like that. Thank you.

[robertklein]

I've dealt with quite a few attorney's and judges in my lifetime and you sir are the fastest talker I've ever heard, especially trying to explain to someone who has no knowledge of the pitfalls of probate. I believe you practice in only one state and therefor are only familiar in the type of probate in that state, so don't try to hustle-up clients by having them to rush out to get an attorney when they might not need one. Heck if they can get a divorce now without an attorney, they can download the forms and file for the appropriate proceeding they need themselves, not rocket science.

[RMUNOZ]

Thank you for posting. My questions is how about how much is all this gonna cost? What are the most important estate matters to settle?

[billiehaley]

We love and appreciate your helpful videos. Thank you thank you!!!!💜