Menu
January 16th, 2025
Losing a spouse is emotionally traumatic, and it is important to give yourself time to grieve. As you process your loss, consider updating your estate plan to reflect changes in your family and how losing a loved one may impact your future wishes. An up-to-date estate plan protects your financial interests and will make things easier for your loved ones. Working with an experienced estate planning attorney and following our “what to do when you lose a spouse checklist” will give you peace of mind and a strong foundation as your estate planning needs evolve.
Natalia Vander Laan is a Nevada estate planning attorney who proudly serves the Carson Valley community from her offices in Minden and Carson City. She offers a full range of probate and estate planning services and can help your family by ensuring your spouse’s estate is handled correctly and your estate plan is up to date.
Contact the Vander Laan Law Firm, LLC, today to schedule an appointment to discuss your probate and estate planning needs and how Ms. Vander Laan can help you and your family.
What To Do When You Lose a Spouse
When you lose a spouse, there are crucial steps you should take to protect yourself and your family.
- Request 10 to 12 copies of the death certificate. A funeral director can often assist with this. Locate your spouse’s Will, trust, and other estate planning documents.
- Gather financial information, such as account statements, deeds, and titles to real estate, cars, and other property.
- Notify government agencies like the Social Security Administration and the Department of Veterans Affairs.
- Contact life insurance providers and financial institutions to begin the claims process and transfer assets to designated beneficiaries.
- Meet with Attorney Vander Laan to open trust administration or begin the probate process.
Updating Estate Documents After Death
When you lose a loved one, you should also review and update your estate plan to ensure it accurately reflects your wishes.
- Last Will and Testament. The death of a spouse may affect your Will. If you named your spouse as the primary beneficiary of your estate, you should revise your estate plan to appoint a new executor, update beneficiary designations, and consider redistributing assets.
- Transfer on Death Deeds and Payable on Death Accounts. Transfer on Death (TOD) deeds and Payable on Death (POD) accounts automatically transfer ownership of property or assets when the owner dies. When you notify a financial institution, or, in the case of real property, the recorder’s office, of the death of your spouse, the asset will be transferred according to the TOD or POD designation. If property was transferred to you via a TOD or POD designation, you should update ownership and beneficiary designations to reflect your wishes. Transfer on Death Deed will require certain administrative steps.
- Vehicle and Real Estate Titles. Vehicle and real estate titles identify ownership. When you lose a spouse, you will need to transfer ownership of these assets as specified in your spouse’s estate plan or through probate. If you owned real estate, vehicles, or other deeded property jointly with your spouse, you should update the titles to reflect the change in ownership status.
- Life Insurance Policies and Retirement Accounts. Life insurance policies, retirement accounts, and other financial assets typically have designated beneficiaries. If you named your spouse as the primary beneficiary on any of these accounts, you should update the beneficiary designation. Failure to do so could result in assets being distributed in a way that is not in line with your intentions.
Is It Necessary to Remove a Deceased Spouse from a Bank Account?
Depending on how bank accounts were titled, you may need to remove your spouse’s name from a bank account. Jointly owned accounts are transferred to the surviving spouse. If you are now the sole owner, you may wish to update the account information to reflect the change in account ownership.
How to Remove a Deceased Spouse from a Deed
Removing a deceased spouse from a mortgage or property deed will simplify future transactions. To remove a spouse’s name from a deed, you will need to provide a death certificate and file an affidavit of death. If you have a mortgage, you may have to refinance the mortgage in your name only.
Why Work with an Experienced Probate and Estate Planning Attorney
For complex estates or contentious situations where disputes may arise between beneficiaries, it is wise to work with an experienced probate and estate planning attorney.
Natalia Vander Laan can ensure the probate process is handled correctly and minimize the likelihood of a will contest or other disputes. She can also review and help you update your estate plan to protect your estate and reflect your wishes after the loss of a spouse.
Contact the Vander Laan Law Firm
Call 775-461-2897 or contact the Vander Laan Law Firm online today to schedule an appointment to discuss your situation and how we can help.
Categories: Estate Planning