what type of lawyer do i need now that my husband died

Representative of the Estate After your husband’s death, his estate will likely need to be submitted to your local probate

court for administration. The court will appoint a representative of the estate — sometimes called an executor, administrator or personal representative — to manage your husband’s estate during the probate process.

Full Answer

What should I do if my spouse died without a lawyer?

What should I do if my spouse dies in the hospital?

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

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. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.

What happens to your house when your spouse dies?

 · If he and you owned real estate together, you should contact a real estate attorney or the county land records office. If your husband had any other assets, you may need to file for probate. The county's Register of Wills office will help you with the paperwork. If it is a complicated matter, you will need to hire an attorney.

What needs to be done after your husband dies?

To Do Immediately After Someone DiesGet a legal pronouncement of death. ... Tell friends and family. ... Find out about existing funeral and burial plans. ... Make funeral, burial or cremation arrangements. ... Secure the property. ... Provide care for pets. ... Forward mail. ... Notify your family member's employer.More items...•

What debts are forgiven at death?

What debt is forgiven when you die? Most debts have to be paid through your estate in the event of death. However, federal student loan debts and some private student loan debts may be forgiven if the primary borrower dies.

Is wife responsible for husband's debt after death?

Family members, including spouses, are generally not responsible for paying off the debts of their deceased relatives. That includes credit card debts, student loans, car loans, mortgages and business loans. Instead, any outstanding debts would be paid out from the deceased person's estate.

What happens when your spouse dies?

If your spouse dies without a will, you'll need to go to probate court so a judge can name an administrator who will be responsible for settling their estate. In most cases, the surviving spouse is given this responsibility. You'll need to go to probate court within about two weeks of their passing.

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. Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction.

What Can I Do to Protect the Assets?

Asset protection is very important when a loved one dies, and what you do now can make a big difference later on. The death of a loved one can present a golden opportunity for individuals and companies that do not have your best interests at heart, from shady financial advisors to greedy relatives.

Do I Need to Open a Probate Estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case.

How Can I Find Out if There is a Will?

The presence of a valid will can greatly simplify the estate process, so it is important to determine if such a document exists. You can start by looking through the deceased’s possessions and documents for a will, but in many cases, the will may be stored elsewhere.

What About Debts and Taxes?

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.

How Do I Handle Notification of the Death?

You should not simply assume that everyone who needs to know about the death will find out. With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think.

How Do I Obtain a Death Certificate?

The death certificate is an important document, and you should make sure you get it. The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need.

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 ...

How long after spouse dies to change assets?

Mark your calendar one to four months following the death of your spouse to change legal documents for existing assets to your name alone.

How much Social Security do you get when your spouse dies?

Generally speaking, the amount of social security you will receive upon your spouse’s death depends on his or her average lifetime earnings. The higher the earnings, the higher their social security retirement benefits.

What happens after a spouse dies?

Following the death of a spouse, the pressure of settling personal, estate, and financial affairs can be very overwhelming. Sometimes this life-changing event can trigger irrational decisions on matters that should be revisited once the shock of grief has subsided.

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.

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.

What to do if your spouse is a veteran?

If your spouse was a Veteran, call the VA for burial and other benefits.

How to change my spouse's car title?

If any vehicles are in your spouse’s name individually, contact DMV for Title and Registration change forms. Contact car and homeowners insurance carriers regarding death.

How many copies of death certificate are needed?

Get 5-6 copies of death certificate from the funeral director.

Does LSED do estate work?

LSED does not do estate work.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What to do if your spouse dies in the hospital?

If your spouse died in the hospital, make sure to get copies of the discharge papers. If your spouse died somewhere other than the hospital, contact your local hospital, and they will help you make arrangements for free.

What to do if you die before your spouse?

Talk with your spouse about what you want to happen if you were to die before him or her. Choosing details including the funeral home and whether or not you want to be cremated or buried are all important decisions. Having this done before you die will save your partner from making difficult decisions without knowing your preferences. Include this information in your last will and testament or a health care proxy.

What happens if my spouse dies without a will?

If your spouse dies without a will, the estate will go into probate — a legal process where the courts decide who has the right to the remaining assets. It’s a long process that can take months or years in the case of complicated estates. Avoid an additional legal headache by drawing up a will ahead of time.

What to do after spouse dies?

The last thing you want to do after your spouse dies is deal with legal requirements and paperwork. While you can’t avoid some steps in this process, you can make things easier by using the preparation above. Here are some of the things you’ll need to take care of immediately following the death of a loved one.

How to get a will without a will?

Without a will, an attorney can help explain and guide you through the probate process. The attorney can help answer questions related to debts and payments that may need to be paid as well as any special arrangements laid out by your spouse.

How to get survivor benefits after spouse dies?

Contact the Social Security Administration and request information on spousal and survivor benefits if they apply. Contact organizations including the Veteran’s Affairs office and labor unions that your spouse was a part of. You may be entitled to survivor benefits upon your spouse’s death.

What happens after death?

Life after death can be difficult for the surviving spouse. The death of a spouse is a tragic life event that can turn anyone’s world upside down. From securing Social Security benefits to updating retirement plans, the period after the death of your spouse is one filled with many tasks. If you’re wondering what to do when a spouse dies, ...

When do you have to file taxes for your spouse?

Taxes for your spouse must be filed and paid in the year of death. Especially if the tax preparation is complicated, it may be helpful to rely on a tax professional.

Is it possible to be prepared for the death of a spouse?

There’s no way to truly be prepared for the death of a spouse or partner. And the decisions about what to do when your spouse dies can be overwhelming at a time when you’re dealing with a flood of emotions.

Can my spouse get VA benefits?

If your spouse served in the military, you may be eligible for veterans benefits . ( For more information on veteran's benefits visit va.gov .)

Who is responsible for a divorced husband's funeral?

You (or his children) might be obligated for funeral costs. If the marriage was not dissolved by a divorce you are still his wife, and therefore responsible for his burial costs...

What happens if you are married and he dies without a will?

If you are still married and he died without a will, you may be the legal recipient of his estate.

What is a good funeral director?

A good funeral director / undertaker will have encountered people in your situation many times and should be happy & able to give you free advice on legalities in your part of the world.

What to do if you have children already?

If you do have children already, please put some thoughts into the impact such an event has on them Please shield them from all the pain, most of all yours. Try to be happy for them. Because a happy mother paves the path for a happy childhood which in turn determines the kind of people you children will grow up to be.

What happens if a marriage is not dissolved?

If the marriage was not dissolved by a divorce you are still his wife, and therefore responsible for his burial costs. Check with the funeral director and see if anyone else has stepped forward. The least expensive option is a direct cremation with no services. If someone else wants a service, let them pay for it.

How to not lose your job?

Please try to not lose your job. Please try to concentrate on work during office hours. Keep yourself on your toes. Keep finding work to do. Keep your brain busy. Give it a chance to go numb. Give your tears a chance to dry out. Find a reason to live. Your partner, your parent, all those people who love you. All those whom you love. Find a purpose.

Should I attend a funeral?

To me, a funeral is about honoring the person who has died even though it is for the living. If you can’t behave properly or have no respect for the person, IMO, you shouldn’t attend the funeral. I am referring to the person/people who are estranged from those who were close to the deceased.