Do I need a lawyer when my husband dies?

Asked by: Dr. Triston Huel  |  Last update: March 20, 2025
Score: 4.5/5 (54 votes)

Because settling an estate through probate court can be more complicated than doing so with a will where their beneficiaries and final wishes are clearly stated, it's a good idea to work with an estate attorney for this process.

What is the first thing you do when your spouse dies?

To do immediately after someone dies

An official declaration of death is the first step to getting a death certificate, a critical piece of paperwork. But if your relative died at home, especially if the death was unexpected, you'll need to get a medical professional to declare them dead.

Do I need an attorney if my spouse dies?

An attorney can provide clarity on matters such as inheritance, tax implications, the proper handling of debts, and probate fees in California. This is especially important if your loved one died without an estate plan in place.

What does a wife do when her husband dies?

As soon as you are able, the first thing you should do after your spouse dies is: Locate any estate planning documents – These might include their most recent last will and testament, any trust documents, deeds and other property documents, records of payable-upon-death accounts, insurance policies, etc.

What not to do after a spouse dies?

See our 10 tips for things you shouldn't do after they've died:
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets.

Top 3 Legal Matters to Deal with When Your Spouse Dies

17 related questions found

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

What is the first thing a widow should do?

Informing family members, friends, loved ones, employers, and family advisors about a spouse's passing will be one of the first things to do. It is recommended to delegate this responsibility to a trusted friend or family member to have one central point of contact for communications and logistics.

What am I entitled to if my spouse dies?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

What are three things widows need?

Key points
  • Widows need to be listened to and heard.
  • A handyman is gold, but a professional support system has to prove trustworthy.
  • Secondary, or invisible, losses add to widows' struggles.
  • Widows are not always afforded respect, even from themselves.

Is it necessary to remove a deceased spouse from a bank account?

One exception is bank accounts; consider keeping your spouse's name on the account for a minimum of six months in case any checks come in.

When my husband dies, do I get his social security and mine?

If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.

Do I need to notify the bank when my spouse dies?

Report the person's death to banks, credit card companies, credit bureaus, and other financial organizations. And contact utilities and places where the person had memberships and subscriptions. Learn from the Federal Trade Commission what to do about any debts the person had.

Does the first wife get everything when her husband dies?

Inheritance rights depend on state law and if the decedent had a will or trust. Marital property generally transfers automatically to the surviving spouse. Separate property is divided according to the deceased person's will or intestate laws if there is no will.

Who gets the $250 social security death benefit?

Following the death of a worker beneficiary or other insured worker,1 Social Security makes a lump-sum death benefit payment of $255 to the eligible surviving spouse or, if there is no spouse, to eligible surviving dependent children.

What debts are not forgiven upon death?

Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.

When a spouse dies, who needs to be notified?

Family Members, Friends, and Other Personal Contacts to Call When a Spouse Dies. Your closest family members. Your children, parents and parents-in-law, siblings and siblings-in-law, and other close relatives should be among the first people you call.

What not to tell a widow?

Things not to say to a widow
  • They are in a better place. No, the better place is here with me!
  • What did they die of? ...
  • Grief is the price you pay for love. ...
  • You are so brave! ...
  • You are so strong. ...
  • I don't know what I would do if it happened to me. ...
  • Everything happens for a reason. ...
  • At least you had X years together.

What are God's promises to widows?

He proclaims Himself to be a defender of the widow and promises to establish our boundaries. “…a defender of widows, is God in his holy dwelling” (Psalm 68:5 NIV). “… The LORD will tear down the house of the proud, but He will establish the boundary of the widow” (Proverbs 15:25, NASB).

What is the average life expectancy after a spouse dies?

Hence, the probability that the wife will be the surviving spouse is 0.63 and, if she is the surviving spouse, her survivor life expectancy is 12.5 years. If the husband is the surviving spouse, his survivor life expectancy is 9.5 years.

When someone dies, what happens to their Social Security benefits?

If the deceased was receiving Social Security benefits, a relative must return the benefit received for the month of death or any later months. For example, if the person dies in July, it must return the benefit paid in August. If benefits were paid by direct deposit, contact the bank or other financial institution.

What not to do when someone dies?

What Not to Do When Someone Dies: 10 Common Mistakes
  1. Not Obtaining Multiple Copies of the Death Certificate.
  2. 2- Delaying Notification of Death.
  3. 3- Not Knowing About a Preplan for Funeral Expenses.
  4. 4- Not Understanding the Crucial Role a Funeral Director Plays.
  5. 5- Letting Others Pressure You Into Bad Decisions.

What is the widow's penalty?

The widow's penalty occurs when a surviving spouse's tax status reverts from married filing jointly to single. If you're a widow or widower, you can file a joint tax return for the year of your spouse's death.

What do widows miss most?

Sitting around the table together, talking about what happened during the day: This is what many widows say they miss the most. Some eat on the couch or at restaurants. Without a spouse sitting opposite, the kitchen table can feel unbalanced, a seesaw for one.

When a spouse dies, what happens to the house?

Community property with right of survivorship: A husband and wife or registered domestic partners jointly own property until one spouse/partner dies, at which point the surviving spouse/partner automatically absorbs the deceased spouse's/partner's ownership interest in the property.

How do widows cope with loneliness?

Ways to deal with loneliness as a widow include:

Talk To A Professional Or Seek Immediate Help. Focus On Your Family. Connect With Friends. Find Something To Keep You Busy.