Estate Legal Matters To Deal With When Your Spouse Dies
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- Опубліковано 15 лип 2024
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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.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
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
Thanks Paul! Great advice
Thank you so much great advice.
Knowledge is power , thank God we had a trust ! And and excellent estate attorney ❤️
We love and appreciate your helpful videos. Thank you thank you!!!!💜
I have subscribed to your channel for some time and enjoyed all your very valuable information you discussed. Thank you for sharing
Thank you so much for posting this information!!! Liked and subscribed!
The stupidest question in estate planning is the the one someone felt too embarrassed to ask
I have been watching your You Tube videos and finding them very informative. I now have many questions for the estate planner. Thank you for providing this information.
Thanks, Paul !
thank you so much for this informative video;1
The "stupid question" is the one you should have asked, but didn't.
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.
In Wisconsin the estate can claim half of it! It is only Motor Vehicle that looks at it that way not the probate court!
When we walk in to talk "larry" we will be better prepared. 💜
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.
You can take all deeds and titles to court and cash them in. Not sure how much they will bid on them, they are used as stock.
Yeh, funeral homes are cash sucking machines. As you found out, you didn't need to purchase so many original death certificates.
Yes me too after my mother's died in 2010 I requested 10 death certificates from the IRA Co. & Company pension mailed them back.
Helpful information
Thank you for your advice . Happy Father's day , 06 2021.
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.
Thank you !!!
My husband died 4 months ago, I just cannot even think of paperwork and I’m far behind on it
!!!!!!!!!!!!!!! Thanks for the Info. :)
Thanks
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' 😢
Thank you, omgoodness. My spouse passed 5 yrs ago. I haven't done anything.
Great vid as usual. Thanks. What about "portability" :-)
Thank you , this video is most informative. It comes at exactly the right time. 👍🏽
Estate planning attorney in California recommendation. Thanks
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.
In California I have put all my brokerage accounts in “transfer on death” and I named my husband. My broker said this is all I need. Also I have removed enough cash where he can access it, so he can buy groceries and day to day needs. I think here is California, it automatically goes to the surviving spouse anyway.
@@beaubritton4362 If it is in Joint tenancy or community property with right of survivorship goes to the surviving, better to go to a good estate attorney and do things the way it should be ...
@@natashanonnattive4818 Thank you. Never heard of it, Do you avoid probate through this method? txs!!
@@claudiatapia8310 never Attorneys work for the Elite esp Bar Attorneys do your homework quit believing the lies.
@@claudiatapia8310 Yes
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.
A will is simple and easy
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?
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.
Ohio TOD (transfer on death) filed for each vehicle avoids probate. (Info from Probate Judge)
Death Certificates cost $16 each in my State. I ordered 3 certified originals. Most places took photo copies.
$20 each in my state
Thank you for all your advice my Husbund and I have a living trust my question is if I can change the living trust after he pass. Thank you it was done in 2004 in California.
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 .
What are the paperwork? Example?
@@chini4928 death certificates, VA acceptance claim letter , DD14 form , titles for house and cars if jointly , and any other letters from DEFAS .
Definitely having a binder with everything is a plus. Condolences to you. 🙏
I didn't do any of that
I download this clip and safe it.
Would you cover the estate tax ramifications if more than the $15,000 limit on gifts is made
Death Cerificate Works
Thank you for the advice.. everything you’ve said is very helpful. How can we seek assistance from you regarding probate and trust?
What about safety deposit box. What happens to ins. Policy they say have no beneficiary on it and you don't send form back where does that money go.
Do you do out of state consultations? Are you a CEP in all states?
What estate? Do we even matter? Yes we po
Thank you for the video. If vehicles title is titled as. John Doe or Jane Doe in Idaho will it need to go through probate before the surviving spouse can sell it?
Ask the Idaho department of vehicles not a lawyer in Louisiana.
Boy am I glad I don't live in Louisiana! So many things he mentioned having to go through probate don't in Florida.
If there's a property that was an inheritance but spouse was a signature on paperwork does that still prevent you from selling after their death
After he passes
I enjoyed your video, very informative. I have a question, my husband bought an RV while we are married and is only under his name. Can we add this to living trust to assure the surviving spouse has the ability to legally have ownership? I ask this in the event 1 of us wants to live in it to save money.
What happens when your parent passes away without a will in NC. It has now been 5 years since my fathers passing and me and my sister are ready to set things in order with my fathers house and 33 acres of farmland. We have a brother too that has not been so cooperative with us these last 5 years.
Of i add my husband to my house feed will his grown kids have an interest in my house?
Hi
Mr. Rabelais I hope you read this my husband had a business he died at the age of 76 Jan.31,2018 one of our daughter worked there and was named executor I was in bad health she sold the business and kept all the money he had a will at said all that he owns goes to his wife. Question is was the realtor right selling the property knowing that there is a living spouse. Thank You Barbara
My souse died 6 years everything was put in to the estate car are or a not and they are not in the Estate n ow my Question is my nieces will be executors when I die I want to give them step step things about what to do. We do have a lot of investments and I have a fiance accountant. Will they just have to take my death certificates to our banks or both certificates. Should i open an estate account with their names? how can i set something up so they can have money available to them a head of the death certificate being available. I will be talking to my estate lawyer on May 17 . but wondering about these things. Thank you just starting to try and get as much in order as possible to make it easier on both. They will not be inheriting anything
How do you know you need probate ?
My husband and his dad bought the property we live on before we met. My father-in-law is very close to passing, and he has lots of big money $$$ in medical expenses and I’m sure there are liens on our home. What can we do to remove them after he passes? I am not tied to our property because of my protection, but, I know his expenses are over 3X what it’s worth. What can we do if anything?
Can you do divorce? Strategies for later in life, survival, social security.
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.
His mom was on our joint account and she transferred all the stimulus Iinto her personal and never gave it back to me and kids and im screwed
Can you tell me why 2 inventory lists are needed if one spouse outlived the other by 5 months, and everything was passed to the surviving spouse?
My credit union is not allowing me to add my spouse to my deed . Do they have that right legally.
Can I change the living trust after my husband pass.
Do you have to separate assets in the trust after the 1st spouse dies if you have the same children?
Hi in ohio, does wife have to pay medical bills when husband passes away
In Kansas when you're married vehicles can be/are titled as
Mr. John Doe and/or Mrs. Jane Doe. If the death of a spouse occurs only one signature would be required to sell those vehicles. Under Kansas State Law if you go through Probate you must be represented by an attorney, no exceptions. ~APRIL LIPKE
My beloved husband is dying from late-stage cancer. He always did EVERYTHING for me.. All of this sounds so complicated.. God help me!
How do we contact you regarding estate planning
Don't forget calling social security and his pension office. Asap .
If You do not ave separate family can you not separate that?
Paul I just found the deed of trust to my home . We purchased the house when we were not legally married. But we had been together 7 years. For credit purposes it’s I only in his name , the mortgage company says I’m listed as sole successor, but has been a little to no help in letting me know or helping me find out how to obtain the documents that they need. I just found the deed of trust, and I’ve not made a mortgage payment in about 18 months. They keep calling to ask me if my intention is to stay in the home and I tell them yes and then I don’t hear from them for a few months. What should I do?
So what happens when your dad was going through a divorce and passed away before it being finalized and has children that are not from that marriage?
My husband died Jun 11th 2022.... I am currently dealing with his bank account that it never occurred to us to have my name added as a Beneficiary... Not a lot there didn't think I would have issues getting it without probate... Second issue is with all the home care I had to do completely forgot to register his truck before he died... We have two vehicles... Car both our names and truck(the one I am having issues with) is in his name only... What can I do without probate to just register the truck under is name... I know in order to do it under my name we are talking refinancing and I can't really afford that... Not expecting to keep both vehicles...
My husband passed away 4 months ago and we had a prenuptial agreement that case what’s going to happen
What is the appropriate cost for a trust? Basic, house couple of cars & IRAs
Pat Currie my husband and and I just did a trust, everything soup to nuts, it cost us $4 k
After both of us are gone, my children will not have to go into probate, everything will be very easy for them
how can give my children money from my wife's estate without incurring gift taxes either for my self or them?
Im in philippines we married and our married was legal and akso in u.s bassy but im separated to my qst husband filipino what to do
My husband passed away about 2 months ago and I was not in his trust do you recommend to me hiring a lawyer because her daughter is in the trusting my husband I was going to changed but it in my name too
My son buys a new car for his wife and then he suddenly dies a couple months later. The car was title only in his name since his wife was not with him when he purchased the car. The car was expensive and he put 38k down on it. Now the wife cannot afford the high payments and wants to get another car half the value. She has death and marriage certificate, is there a way to get the car transfer from his name to hers so she can sell or trade it in? She hates to let the car go back to the bank that hold the lien since the cars value is twice as much as the balance. What to do?
My question is....we are not married but our 5 acre land deed basically says if one of us dies the survivor will inherit the land. What are the steps to clear the matter? Thank you in advance.
Call a title company in your area, I’m sure they can answer your question in one call
Can a surviving spouse change a trust after spouse dies to eliminate someone as a beneficiary?
I would love to talk with you !.. My wife died ..age 36 Nov 2008.. at the time our only child was just months old. My own convicted felon (1988) mother intercepted and lied to the SS administration ...claimed she was caring for my daughter including me living with her resulting in her stealing ALL of the survivors funds from my deceased wife.Still to today's date she receives my now 12 year old daughter's portion. I have never recited with my mother passed age 19 and briefly after the Marine Corp release in 1996. My mother took me to corrupt family court to get guardianship and remove fathers rights ...my wife's name was forged for consent. I have so much proof from the banks claiming this. Could you point me in the right direction ? I would appreciate any help.
My wife passed away in 2020 and one of my 5 sons is trying the inheritance act 1975 on me through civil court cpr36 the will states I am sole executor and the life insurance I’m sol beneficiary where do I stand?
My wife and me are getting a divorce and she’s not doing too well and we are scared she might die, so does that mean her medical bills are going to be my problem after she dies?
if i had a spouse and they died , i believe logically i would go out and get me a big steak dinner with a side salad and fresh bread with a nice glass of red wine . and somewere in there while eating stop and take a deep breath then remember all the memories you have of them and be thankful for the time you spent together .
I’ve been together with the woman that I love for 27 years and we’re not married but her name is on my account not her money but we use it together should I have her removed from my account as we both have children from other marriages if you could do a video on that I would greatly appreciate it on what I should do
Great info! I'm in NC and I've been told that if my husband passes away, my stepson's mom could fight for the right to split our assets with her and that I could have to sell my home and split with her?
You need a will. I was thinking something similar. If my husband dies without a will then the assets will be split between me, and my son. I also live in nc. My husband refuses to make a will
House deed
I was Wondering About my Father's Pension he worked at a Special Metals plant for I believe 32 years Retired. My Mother passed before my father but what happens to his pension after his passing ??
Usually, the pensions stops paying. It might have a pay on death clause but you'll need to read the actual pension documents as there is no standard, they're all different.
Hello My husband died in 2020 My husband died in an IRA account in the name of my son as a beneficiary, he is 10 years old. The bank told me that he could not have access to this account because I am not the beneficiary. but today I called and they told me that I can open an IRA account to transfer the account to my son's name. I am in the process of buying a house and I want to know if I can have access to take some of this money? thank you
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
I have a question. What about step children entitlement syndrome? I’m dealing with that now.
Yes, my father is dealing with that now as well...
I have that very same question too. I don’t want my now adult step kids thinking I am doing anything against what will be theirs and I want to include them in the conversation pre death so they don’t get fantasy drama on me if their Dad dies before me. Help!
I'm going threw this now and it's hell. 2 days after my husband died, they tried to throw me out. Were young, this was unexpected. But I thought we were working it out between us, so I let them go threw things they wanted, n after that, they changed on me, and decided now they want it done legal in court. So they are allowed 20% of what estate is worth, but everything we purchased during marriage is mine, but what my husband had before me. So, I own everything between us, AND also half of what my husband owned before marriage. Its been hard. It really made me bitter.. I didn't get to mourn.. the night my husband died, they were already going threw the house, as I was with husband's body
Thank you! I need a Living Trust for my husband and I. We live in the Virgin Islands. Do you know an attorney here?
Or do I need an attorney for a living trust?
Husband had an old will mentioning his son. He remarried 10 years later. Is the old will null and void? Does the step son due an inherentance or just the new wife?
The most recent will takes precedence. If it was never updated, it's stays as valid as the day it was signed. Get a new will !!
1 death certificate is enough. A photocopier will provide more if you need them.
Sir, what about if your name is on the DEED and not on the MORGAGE and in the event of the person who has his name on the mortgage passed. What would happen?
That's my situation. I am on the mortgage and husband is on the deed. I asked the lender and they said as long as he keeps making the loan payments, he can keep the house. Of course, if my will says the house goes to someone else, then the house goes to that person instead.
@@NYCisland Thank you so much Mouse Tart. I was very much worried about that.
My common law wife died and left not only myself but also a 5 year old child. She had 175.000 in annuities and 60,000 at a local elevator, our house paid off, 100 acres prime Iowa farmland, bank accounts including my daughters savings and safe deposit box. I was with her and she told me the day before her death the will stood but Attys say she died intestate. Who would get the assets? I'm raising our daughter without any money from estate and hired atty out of Sibley and I think he robbed me, what can I do? I have never seen a judge yet and Atty Joe says he cant be fired as he is the fiduciary and he is mean and very secretive and only shows up or calls when there are changes with the probate. How many years does probate take anyway and why do I have to pay the county Atty 2500 for court room rent and expenses? All I have done is spend and spend and deprive my daughter. What can be done?
Thank you from Rock Rapids, Iowa
WOW that lawyer you have should lose his license. He will suck out all the funds you have. You'll need to go to another attorney for advice. It's horrid that these things happen. Unfortunately few people learn about all these things they need to handle before someone dies because they don't want to think about death.
Who will die first the young wife or the old husband?
All my parents life savings are paying for assistance living home... 9,000 per month. It looks like they are going to out live their money, it looks like i will have to remortgage my house to continue paying for them.
go listen to the lecture on Medicaid.
@@DennisMathias thanks Dennis
You might also consider calling your local Area on Aging office & see what they have to say. They deal with these kinds of issues all the time.
@@dresser6135 Thank you... I will give them a call.
I am an organ donor, and furthermore have donated my remains to a university medical school. The contract requires my remains be transfered to the medical school within 24 hours of my death--so the FIRST thing my spouse has to do when I die is notify the medical school so they can have an ambulance get my remains (assuming I do not die in that universities hospital).
His family is turned on Me and My kids and the house isn't in my name but they making me pay it and I'm poor I can't even afford anything and they claimed my house for Thier taxes I am so hurt and don't deserve it
if the spouse has no life policy or anything to leave for you when he dies,is it selfish to not include him as a beneficiary on your own life policy and just put the kids?
Heck no!
No!