what lawyer should i see about death of spouse and real estate

Full Answer

What questions should you ask an estate attorney after a death?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

Who gets the house when a spouse dies?

When a spouse dies, who gets the house is largely dependent on the property ownership rights on the title. For example, if a person bought a home before a marriage and did not have the spouse on the title, then it can get tricky for the surviving spouse.

What should I do if my husband wants to die?

Make a list of important bills and contact financial advisors to obtain beneficiary information. Notify mortgage companies and banks. Contact a tax preparer to discuss estate taxes. Close credit card and other charge accounts that are only in your spouse’s name. Take your spouse’s name off joint cards and accounts.

What should I do when someone dies in my house?

You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate. How Do I Obtain a Death Certificate?

When you die does your estate go to your spouse?

If you're married and have children with your current spouse, your entire estate will go to your surviving spouse. Otherwise, your surviving spouse will receive up to one-half of the estate, with the remaining portion passing to your surviving children from another spouse or partner.

What do I need to do after my spouse dies?

Checklist for Handling the Death of a SpouseGet Organized and Take Inventory.Get the Will and Estate Plan.Get Multiple Death Certificates.Contact Your Legal and Financial Professional Advisors.Review Your Bills and Payment Schedule.Asses How Your Income and Expenses Will Change.Avoid Making Major Decisions.

When someone dies does everything go to the spouse?

As a community property state, California law presumes all the property you or your spouse acquire during your marriage to be marital property, regardless of how it is titled.

What distributes a person's property at death?

Probate is the analysis and transfer administration of estate assets previously owned by a deceased person. When a property owner dies, his assets are commonly reviewed by a probate court. The probate court provides the final ruling on the division and distribution of assets to beneficiaries.

What a surviving spouse needs to know?

Documents You Need When a Spouse DiesBirth certificate.Death certificate.Will.Marriage certificate.Financial account records, including checkings and savings accounts, retirement accounts, pension accounts, loan accounts, and investment accounts like trusts.Real estate records, including deeds and lease agreements.More items...

Can wife claim husband's property after his death?

Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

What happens to your house when your spouse dies?

When purchasing a home, many married couples obtain ownership as a tenancy in the entirety. This means that both husband and wife own the entire property together. If one dies, the house automatically belongs entirely to the surviving spouse without going through probate.

What happens to property when husband dies?

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

Does a surviving spouse automatically inherit all the estate?

For married couples with children, it is not automatic that the surviving spouse inherits all assets. Only about a third of all states have laws specifying that assets owned by the deceased are automatically inherited by the surviving spouse.

How is an estate divided?

In most cases, the estate of a person who died without making a will is divided between their heirs, which can be their surviving spouse, uncle, aunt, parents, nieces, nephews, and distant relatives. If, however, no relatives come forward to claim their share in the property, the entire estate goes to the state.

Is probate necessary if there is a will?

Do you need to go through Probate if there Is A Will? According to the laws of the country, it is not necessary to go through probate if there is no dispute regarding will. However, going through a probate is preferable as it gives court certification to the validity of the will in question.

How is money distributed from an estate?

Most assets can be distributed by preparing a new deed, changing the account title, or by giving the person a deed of distribution. For example: To transfer a bank account to a beneficiary, you will need to provide the bank with a death certificate and letters of administration.

What to do when your spouse dies?

Upon the death of a spouse, you may feel like leaving your current home to start anew, perhaps to live closer to your children or family. However, it’s best to make this decision based on thoughtful reason, not emotion.

What to do when spouse passes away?

When a spouse passes away, handling all the necessary details to settle his or her estate can be overwhelming. With legal issues added to making funeral arrangements and sharing the news of their death, knowing exactly what to do when a loved one passes away is not easy. Don’t let the legal implications of a spouse’s death add to the stress ...

Do you have to address your estate after your spouse dies?

Additionally, if you and your spouse had a living trust, you may need to address the death of a co-trustee and perform other trust administration duties.

Can you give away your spouse's possessions?

Giving away a spouse’s possessions. Friends and family members can sometimes pressure widows and widowers to distribute or donate their loved one’s possessions too soon after death. However, it’s important to hold off until you can make clear-headed decisions about what is and isn’t important to keep.

Can a creditor sue a deceased spouse in California?

In fact, a creditor can actually sue a surviving spouse and get a judgment for debt.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

How to find an estate lawyer?

To find an estate law specialist in your state, contact the American College of Trust and Estate Counsel at www.actec.org or 310.398.1888. Another resource for locating estate lawyers is the comprehensive lawyer directory, Martindale-Hubble, which you can reach at www.martindale.com or 800-526-4902.

How long do you have to file a lawsuit against someone who died?

For example, if your loved one died as a result of the negligent or intentional behavior of another person, you may have only one year from the date of your loved one's death to file a lawsuit against the perpetrator.

What are the challenges of a loved one's death?

The death of a loved one presents many daunting challenges, including negotiating a potential minefield of legal decisions and activities. In these frightening economic times, you will be tempted to avoid lawyers and either handle the legal matters yourself or ignore them completely. Please don't, because you don't know what you don't know.

What happens if an estate is closed?

You may feel that if the estate is closed quickly, you will get over your grief quickly. This is a common perception that is usually not grounded in reality, because you will get through your grief only as you diligently do your grief work.

Is probate justified?

Probate has gotten negative publicity in recent years; some of it is justified, and some of it is not. Release your expectation of quickly finishing your loved one's estate; that may or may not be possible. You may feel that if the estate is closed quickly, you will get over your grief quickly.

What to do after spouse dies?

After your spouse dies, it helps to know what you can expect regarding your home and mortgage. The first step is to figure out whether any estate planning documents exist and review them to determine who will inherit the house. In most cases, this person will also inherit the mortgage.

What happens to my mortgage when my spouse dies?

What Happens To Your Mortgage If Your Spouse Dies. When your spouse dies, mortgage debt doesn’t just disappear. Several factors determine who is ultimately responsible for paying a mortgage. One key factor is whether your spouse had a will or estate plan.

What is reverse mortgage after death?

Reverse Mortgage After The Death Of A Spouse. The term “reverse mortgage” usually refers to a Home Equity Conversion Mortgage (HECM). A HECM is a type of loan available to homeowners who are at least 62 years old and who own their homes outright. The borrower doesn’t make any loan payments on a reverse mortgage.

What document determines who inherits a house?

Other types of estate planning documents can also determine who inherits the house. For example, if the house is held in a trust, the trust documents will usually control who inherits the house. In some states, the deed to the house can contain language that controls how ownership is transferred.

What happens when a house is owned by two people?

Some of these situations include: When, in cases where the house is owned jointly by two or more people, the borrower dies and ownership transfers to the surviving joint owner or owners. The borrower and the other co-owner (s) must have owned the house as joint tenants or as tenants by the entirety.

When does a relative have to live in the house?

When the borrower’s surviving spouse, child, or relative inherits the house from the borrower. The relative (s) must live in the house after inheriting it. When the borrower transfers the house into a living trust. The borrower must continue to live in the house.

Do you have to notify the lender if your spouse passed away?

In most states, you must notify the lender that your spouse has passed away. Other than this notice, you don’t have to take any action.

How to deem an estate intestate?

Petition the probate court to deem the estate intestate. Without a will, there is no executor, so the court appoints an a dministrator as the personal representative of the deceased. Then, the court seeks heirs under your state’s order of succession to find the relative next in line to inherit the property.

What happens when a sole owner dies?

When the sole legal owner dies, the home typically goes into probate. If there is a will, the personal representative for the late homeowner is the executor named in the will. At the close of probate, the executor conveys the property from the estate to the new property owner.

What does a personal representative deed do?

Stay alert, and insure your asset with care. A personal representative deed gives you no warranty for the title’s history before probate. And during the process, keep the home safe. Change the locks.

What happens when a co-owner passes away?

1. When a Co-Owner Has Right of Survivorship. If the person who passed co-owned the home, the owners might have held equal shares with a right of survivorship. A right of survivorship overrides any contrary directions in someone’s will. The home automatically transfers to the surviving co-owner, as follows:

What happens if a will does not pass the house along?

If the will does not pass the house along, and the title vesting doesn’t automatically pass the interest, there might be other documents. Did the person create a living trust to avoid probate? If so, property passes as stated in the trust, but any debts stay with the house.

Do you have to clear title before selling home?

Yet before selling or refinancing, the surviving spouse must clear the title. If the spouses drew up a proper community property agreement to avoid probate, the surviving co-owner may simply record it. Otherwise, probate is needed to legally transfer the title to the surviving life partner.

Do you have to pay off a mortgage before you distribute the proceeds?

Check for any mortgages or reverse mortgages, or other debt, that the executor must pay off before distributing the sale proceeds. Sometimes, the adult children are named in the will and find themselves co-owning with a surviving spouse or life partner, or each other.

GET THE ANSWERS YOU NEED

You will likely have a lot of questions about what is going to happen and what needs immediate attention. You should not have to scour the internet to get information from unreliable sources. You want to talk to a knowledgeable and trustworthy Probate Lawyer who will thoroughly answer your questions about Pennsylvania’s probate laws.

EVALUATE ASSETS AND OBLIGATIONS

A Probate Lawyer can help you inventory real and personal property as well as financial liabilities. Legal assistance in this area helps to prevent oversight.

BE READY TO ADDRESS CLAIMS

After a person passes, there could be several types of claims against his or her estate. Creditors can make claims for outstanding debt. It is also possible that someone may try to challenge your loved one’s final wishes. Legal counsel will help you assess the validity of specific claims against the estate and respond appropriately.

What happens if a deed is silent?

If the deed is silent but the co-owners were married at the time they took title, then it creates a tenancy by the entirety.

How long does it take for a title company to insure a property in New York?

While New York law technically provides that real property vests in the decedent’s heirs as of the date of death and can be transferred or sold by those heirs, the heirs may have issues with the title company insuring the transaction, especially within two years from the date of death.

Do you have to have a new deed prepared to remove a deceased co-owner?

Generally, it is not necessary to have a new deed prepared removing the deceased co-owner. When the surviving owner sells the property in the future, the deceased co-owner’s interest can be disposed of by providing his or her death certificate to the title company.

Does a deceased spouse's interest pass upon death?

If, however, the property is owned as tenants in common or if the deceased spouse was the sole owner of the property, the deceased owner’s interest does not pass by operation of law upon death.

Do you have to change the deed if you own the house as tenants by the entirety?

It is important to consult with an experienced attorney to discuss these issues. To answer your question, you do not have to change the deed if you owned the home as tenants by the entirety.

Can an executor be appointed to sell a property?

It is typically best to have an Executor or Administrator appointed to transfer or sell the property from the estate. However, in order for a fiduciary to be appointed, a probate or administration proceeding will be necessary in Surrogate’s Court.

Can a married couple own a property as a tenant?

Only married couples who were married at the time they took title to the property can own property as tenants by the entirety – a type of ownership that provides certain protections. If the property is owned as joint tenants with rights of survivorship or as tenants by the entirety, the deceased owner’s interest passes automatically to ...