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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:
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…(read more)
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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…
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.
I would come back as anger ghost and cuase her death
Thanks
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
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.
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.
Can I change the living trust after my husband pass.
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?
If You do not ave separate family can you not separate that?
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?
The stupidest question in estate planning is the the one someone felt too embarrassed to ask
My credit union is not allowing me to add my spouse to my deed . Do they have that right legally.
Ohio TOD (transfer on death) filed for each vehicle avoids probate. (Info from Probate Judge)
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?
Can a surviving spouse change a trust after spouse dies to eliminate someone as a beneficiary?
Please reply to me
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
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.
thank you so much for this informative video;1
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
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
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 4 months ago, I just cannot even think of paperwork and I’m far behind on it
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
hello can you help me my husband dies nov.10 2020 im already get the death benefit of my late husband $255 dollar,my problem is how to file widow benefit my birth certificate im born nov,24 1961 im my marriage certificate i was born nov 24,1963, what can i do this im stay her in philippines ,can you help can not work stay so many illnes sickness ,have thyriod cancer,heart failure diabitec,high blood pressure no money for buy medicine for my maintenance hope you can help me sir thank you so much, God bless.
A will is simple and easy
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.
Knowledge is power , thank God we had a trust ! And and excellent estate attorney ❤️
I have subscribed to your channel for some time and enjoyed all your very valuable information you discussed. Thank you for sharing
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
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).
Thank you for very much for all reliable informations. I got conned with our assets with a friend we trusted before my husband died.
I really like to either talked to you, send you texts or email you anout my situtions i sm in but not on social media's.
Thank You
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
How do we contact you regarding estate planning
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?
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
Hello atty,im married.u.s citizen last 1997 he is in u.s few years im still looking searching him and i saw in youtube hes died last 2004 and lastc2005 somebody send me a divorce paper
Can i complain regarding this matter pls help me
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 ??