fbpx
Schedule Your Appointment - Fill Out the Form Below
Skip to content
The Law Office of Antoinette Bone, PLLC
  • Home
  • Practice Areas
    • Estate Planning
      • Estate Planning FAQs
      • Asset Protection
      • Ethical Wills
      • Special Needs Trusts
      • Special Needs Resources
    • Probate
    • Guardianship
  • Our Firm
    • Attorney
    • Speaking Opportunities
    • Firm Overview
  • Getting Started
  • Videos
  • Resources
    • Blog
    • Gallery
  • Contact
  • Careers
817-462-5454

What To Do After Spouse Dies

Posted on September 11, 2015 | by ahrenstech

Many find themselves at a loss regarding taking care of a loved one’s legal and financial matters after death. This post walks through the steps, including locating the loved one’s will or living trust document; conducting an inventory of assets and liabilities; and attending to life insurance and Social Security benefits.

Postmortem affairs

What you need to do after a family member’s death

Bob had always leaned on his brother, John, in times of hardship. After the deaths of their parents it was John who took care of the funeral arrangements and put their estates in order. Now, after John’s death, Bob is at a loss as to what needs to be done to take care of his brother’s legal and financial matters. If you find yourself in this situation, here’s what you need to do.

Will or living trust document

Your first step is to locate your loved one’s will or living trust document. Places to look include safe deposit boxes, safes or strongboxes, or filing cabinets. Next, contact the attorney who drafted your loved one’s will or living trust and make an appointment.

If the attorney can’t be identified or the deceased didn’t have one, an attorney should be retained by the personal representative (aka executor) named in the will and/or the trustee of the living trust. Further, if you find that your loved one died without a will or living trust, consult legal counsel about steps you should take to initiate court administration of the estate.

If assets pass under a will, the deceased’s personal representative should consult legal counsel about initiating probate proceedings. If you’re named as the personal representative, remember that you have no authority to act on behalf of the estate until a court accepts the will as valid and appoints you to act in that capacity.

If the deceased had a living trust, the trustee can begin managing the deceased’s affairs immediately, without the need for court proceedings.  Trust administration is a private probate process.

Assets and liabilities

Assuming you’re the personal representative or trustee, you’ll need to conduct an inventory of your loved one’s assets and liabilities, paying particular attention to assets that may require immediate attention, such as life insurance policies, stock options and retirement plans. If probate is required, be sure your attorney moves quickly so the court can address the disposition of stock options and other time-sensitive assets.

Don’t pay any outstanding bills until you’ve inventoried all of the deceased’s assets and debts and compiled a complete list of his or her creditors.

Life insurance and Social Security

To file a life insurance claim, contact the deceased’s insurance agent. You’ll likely need to furnish the following to the life insurance company: a death certificate; insurance policy numbers and amounts; the deceased’s full name, address and date and place of birth; the deceased’s occupation and last place of employment; and the beneficiary’s name, address, age and Social Security number.

To apply for spousal and dependent benefits, contact your local Social Security office. You’ll need to furnish a certified copy of the death certificate; the deceased’s Social Security number, proof of age and marriage certificate; the deceased’s employer information, approximate earnings in the year of death and earnings records for the previous year; and Social Security numbers and proof of age for the deceased’s spouse and dependents.

Turn to a professional for help

Bob isn’t alone in not knowing how to handle the administrative matters after a loved one’s death. Many people turn to their estate planning advisor for assistance. He or she can help you get your loved one’s legal and financial affairs in order under difficult circumstances.

Posted in Adult Children, Estate Planning, Instructions for Disposition of Remains, Probate, Trusts, Wills

Post navigation

Update in Special Needs Planning
Postmortem: Estate Planning Revitalization

Categories

Archives

  Thank you for Signing Up

Join Our Newsletter

Please complete this form to create an account, receive email updates and much more.
  Please correct the marked field(s) below.
Contact Email  *
1,true,6,Contact Email,2
First Name 
1,false,1,First Name,2
Last Name 
1,false,1,Last Name,2
*Required Fields

Get In Touch

We believe that your call should be returned within 24 hours.


800 N. Industrial Blvd., Suite 106
Euless, TX 76039

Phone: 682.428.3046
Email: info@abonelaw.com
Driving Directions:

While my address is Industrial Blvd, we are actually on Clinic Drive. Look for the tall red Super Value Pharmacy sign. Whether coming from the North or the South, you will turn off of Industrial Blvd. onto Clinic Dr. Our building is located up the hill just past the Super Value Pharmacy at the far end of the building.

Office Hours

Mon-Thurs8:30am-5:00pm
FriBy Appointment Only
Sat/SunClosed
Leave A Review
© 2023 The Law Office of Antoinette Bone, PLLC | A Website Design by Ahrens Technologies

DISCLAIMER: Material presented on The Law Offices of Antoinette Bone, PLLC website is intended for information purposes only. It is not intended as professsional advice and should not be construed as such. If you communicate with us through this site or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential and does not create an attorney-client relationship between you and the firm. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential Internet e-mail messages unless they are adequately encrypted.