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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.

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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