At The Manely Firm, P.C. we sincerely care about the lives of our clients and their families. We provide careful legal services to our clients from the cradle to the grave, and in all stages in between. With that in mind, I am pleased to announce that I am beginning a regular post for our Newsletter and Blog called, The Manely Trust and Probate Update. With each posting I will provide you with insight into important topics and answers to commonly asked questions in the areas of Probate, Trust and Fiduciary Law. It is my hope that the information and take-aways you receive will prove to be of tremendous value. With that being said – Let’s Get Started!
One of the most devastating events in a person’s life is having to deal with the death of a spouse. Not only are you forced to navigate day by day with the overwhelming grief that comes along with that experience, but in all likelihood, you also have to deal with trying to figure out how to manage your spouse’s business and personal matters, now that they are gone.
Having to deal with all of that at one time can feel absolutely unbearable – not to mention the added pressure of any requirements that might be imposed by Georgia law. Depending upon the nature and scope of any pre-death planning that your spouse may have done, and the nature and scope of your spouse’s business and personal matters, Georgia law likely provides a process that must be followed to ensure that those matters are properly addressed and/or closed out. In that regard, one very commonly asked question after the death of a spouse is, “What do I do now?”
If you find yourself having to deal with the unfortunate circumstance of having lost a spouse, here is a check list to help you get started with getting things under control so you can move forward.
- You will need a copy of your spouse’s Death Certificate for a number of reasons, which include accessing certain benefits, settling your spouse’s estate and serving as proof if a question of your spouse’s death arises in a legal proceeding. Get Copies of the Death Certificate from the Funeral Director.
- Report your spouse’s death to Social Security, and if applicable, apply for a death benefit and a potential increase in Social Security for yourself.
- Locate your spouse’s Will and/or Trust and any copies.
- Contact the holder(s) of any of your spouse’s beneficiary designated accounts that are applicable to you and make beneficiary claims on those accounts.
- Notify your spouse’s former employers, professional groups and organization of the death of your spouse and inquire about any possible death benefits, insurance, pensions, etc. on which you can collect.
- Notify Health Insurance Carriers of the death of your spouse. If you are already covered under the policy and you don’t have other insurance or still need that insurance, ask them if you can remain on the policy.
- Contact your spouse’s credit card companies. Cancel any credit cards that are only in your spouse’s name; and ask if there was any life insurance attached to the credit card account. If so, collect on that insurance, if possible.
- Cancel your spouse’s travel arrangements and, if there was a travel agency or other travel company associated with the travel arrangements, ask if there was any life insurance attached to those arrangements. If so, collect on that insurance, if possible.
- Cancel your spouse’s appointments.
- Cancel your spouse’s subscriptions and recurring charges; and ask if there was any life insurance attached to those subscriptions or accounts with recurring charges. If so, collect on that insurance, if possible.
- If any vehicles are in your spouse’s, name individually, contact the Department of Motor Vehicles to change the title and registration.
- Inform car insurance carriers and home insurance carriers of the death of your spouse.
- In January following the death of your spouse, consult with your Accountant or Tax Preparer to complete the appropriate Tax Returns.
- Remember, this is a devastating time in your life, and you may not be thinking clearly so, do not to make any major changes in your life.
- Remember, this is a devastating time in your life, and you may not be thinking clearly so, do not purchase any new financial products with money you may receive until you have had time to consult with a professional that you trust.
- Remember, this is a devastating time in your life, you may not be thinking clearly, and in many instances, Georgia law has a process that must be followed when someone passes away. The Attorneys and other professionals at The Manely Firm, P. C. would be happy to help you navigate through what can be a very complex process during a very difficult time.
Thank you so much! I look forward to sharing more valuable information with you in the next Manely Trust and Probate Update.
Managing Attorney, Probate, Trust and Fiduciary Law