Legal Process When Spouse Dies

If your spouse has died and has outstanding debts, you may be responsible. For example, if you shared credit card debt under a joint credit card, you are obligated to pay. But even if your spouse opened a credit card in his or her own name, you can also be held liable for the debt. Cancel credit cards in the name of spouse and notify the company of the death. Check to see if credit or loan accounts had life insurance. Now is not the time to make important financial decisions. While it`s perfectly reasonable to want to sell a house or other property that reminds you of your spouse, wait. For some, paying off the mortgage makes sense, for others, it may not be the case. (For more information, see Should a widow pay off her mortgage?) Also, avoid additional investments or major purchases, especially if you weren`t actively involved in your family`s finances before you died. Give yourself all the time you need to grieve first. Remove your spouse`s name and update ownership documents and insurance policies, such as car and home owners. Your county recorder is a good place to start.

My husband passed away in 2013. I thought I was disabled all the time because I had polio. Well, come and find out, when I made an appointment to receive my widow`s benefits, they said I already had them. All I got with my disability was $66 and the rest was my window benefits. When I applied for disability in 1959. I would like to know what to do. My husband worked from the age of 16 and he died with 55 Trustees can be compensated for the time and energy they devote to administering the estate, so that if surviving spouses are up to the task, they can derive a source of income from it. Acting as custodians also allows them to keep abreast of what is happening with the estate of the deceased. Cancel your spouse`s travel reservations, appointments, memberships, recurring charges, etc. Try to recover deposits or collect the relevant insurance. The surviving spouse receives full benefits at full retirement age or reduced benefits at age 60. In addition, you can receive benefits as early as age 50 if you became disabled before or within seven years of your spouse`s death.

When you`re dealing with the loss of a spouse, the last thing you want is to worry about losing your home. Contrary to popular belief, the house does not automatically pass to the family of the deceased upon death. There are many ways for a family to lose their home. See the following list for examples: It is important to note that while wills and trusts can generally be challenged by beneficiaries and heirs, legal succession is difficult to challenge. Unless it is proven that the surviving spouse is an unworthy heir (for example, the spouse committed an earlier financial abuse against the deceased), the assets are distributed by the executor in accordance with the state`s intestate succession laws. The answer would be yes. If community funds are used to make capital improvements to a separate property, the community acquires a pro tanto interest in the property to the extent that the capital improvements have increased the value of the property. The same applies when Community funds are used to repay the principal balance of a mortgage on segregated real estate.

In general, the amount of Social Security you receive after your spouse dies depends on their lifetime average income. The higher the income, the higher their social security benefits. Unfortunately, it can take months to take care of everything that needs to be done after your husband or wife dies, so try to be patient. The good news is that there are some things you can hold back for a few months, and in some cases, it`s best to wait a bit. For example, keeping your loved one`s email account active until you have received all the death benefits to which you are entitled will make it easier to apply and obtain the documents you need to apply. If your spouse was the only name in an account, such as a utility or subscription service, such as a mobile phone, be sure to change the name if you want to keep the service, or cancel the account if you don`t. Get a copy of your spouse`s credit reports so you know any debts in your spouse`s name.