Losing your spouse, partner or significant other is a very traumatic event. It is most important for your physical and emotional health to give yourself time for the grieving process. Once you feel mentally and emotionally able to do so, you should schedule an appointment with an attorney to review all legal documents.
You should bring your Will and/or Revocable Living Trust, Deed to your home and any other real estate, certified copy of the death certificate and, if married, date of your marriage. If you have advanced care directives such as a Living Will, Durable Power of Attorney and Designation of Health Care Surrogate, you should bring those as well.
If your spouse or partner owned something in their name alone with no designated beneficiary, probate may be necessary. Bring details of such assets to the appointment. If everything you owned was in both names, it is not necessary to probate the Will. However, regarding your home, and any other real estate, it is important to “Clear the Title.” The lawyer will prepare and have you sign a “Continuous Marriage Affidavit,” which is why you need the date of your marriage. The Affidavit will state that you were married on a certain date and remained continuously married without divorce until the date of death. It will provide the legal description of your home and other real estate and indicate your intention to clear title. This document will be recorded, along with an Affidavit of No Florida Estate Tax Due and the Death Certificate without the cause of death. Recording these documents will clear title and allow you the option to do a new Deed to avoid probate when you die. If you were not married but owned your home (or any other property) jointly, it is still important to clear title. Of course, a Continuous Marriage Affidavit will not be necessary.
If you do not have a Revocable Living Trust, this appointment will be a good opportunity to discuss the creation of a Trust and preparation of a Deed in order to avoid probate on your home and other real estate. You can also discuss the option of a Life Estate Deed to avoid probate.
If you do have a Trust, this may be an appropriate time to consider doing an Amendment to the Trust based on new circumstances. Your home and other real estate (in Florida and out-of-state) should be owned by you as Trustee of the Trust. You may wish to name one of your children as Co-Trustee to make it easier to manage the assets in your Trust if you become incapacitated. You may also wish to make changes in your Living Will, Durable Power of Attorney and Designation of Health Care Surrogate or create those documents if you do not have them. In most cases, there is no urgency to contact an attorney. It is much better to have peace of mind and clarity. Some lawyers, including myself, will offer a free consultation. This consultation should include your options and give you the opportunity to sleep on it before finalizing any new legal documents.
In addition, when you are ready, there are actions you should take for which you do not need an attorney. This includes rolling over your spouse’s IRA to yours, claiming life insurance benefits and naming beneficiaries on any joint accounts.
If you have individual accounts or life insurance and your spouse is beneficiary, be sure to change it. However, your lawyer can advise you on these matters. If you are going through the loss of a loved one, my prayers are with you. Please feel free to call me for a free personal or phone consultation regarding any issues pertaining to Wills, Trusts, Deeds, Probate, Power of Attorney or Health Care Surrogate. I am also available for a free consultation regarding personal injury claims or to explain car insurance coverage. Call me at 954-569-4878. My address is 3275 W. Hillsboro Blvd., Suite 204, Deerfield Beach, Florida 33442. My website is http://www.martinzevinpa.com and my e-mail address is [email protected].
