A surviving spouse should wait with the following tasks until they feel more comfortable with the situation in question: California is a community property state, which means that after the death of a spouse, the surviving spouse is entitled to half of the community`s property (i.e. property acquired during the marriage, regardless of the spouse who acquired them). If the deceased died without a will, the spouse may be entitled to all of the deceased`s joint property and some or all of the deceased`s separate property. Many of us have the “I love you” popular will, where individual assets are given to the surviving spouse and then, after the surviving spouse`s death, to the designated beneficiaries (such as surviving children) under the terms of the surviving spouse`s will. Estate planning documents may use trusts for tax purposes and other purposes for planning purposes (p. e.g., the establishment of a revocable living trust and transfer will with the intention of avoiding succession, or the establishment of a trust to control the flow of assets at a specific point in time after death). However, in all of the above situations, a discount is required if the assets are held individually without designated beneficiaries. Now is not the time to make important financial decisions. While it`s perfectly reasonable to want to sell a house or other property that reminds you of your spouse, wait. For some, paying off the mortgage makes sense, for others, it may not be the case. (For more information, see Should a widow pay off her mortgage?) Also, avoid additional investments or major purchases, especially if you weren`t actively involved in your family`s finances before you died. Give yourself all the time you need to grieve first. Spousal property claims can save surviving spouses money and time, as they typically don`t cost as much as traditional probate procedures and can sometimes be resolved in a matter of months.
Surviving spouses can seek the assistance of a lawyer from our firm to file one. Mark your calendar one to four months after your spouse`s death to change the legal documents of existing assets in your name only. By definition, a trustee is an impartial person whose role is to act in the best interests of the person he represents. Ex-spouses are unlikely to be impartial in matters involving their ex-spouses, especially if the divorce has been challenged. Change the emergency contact information for your family member(s), where your spouse`s name or number is listed as someone else`s primary point of contact. As divorce rates rise, prenuptial and postmarital agreements are becoming increasingly common, especially in joint property states where each spouse is automatically entitled to half of the community property in the event of divorce or death if a prenuptial or postnuptial agreement has never been made. When contributions to joint property are incurred for separate property, it can be difficult for surviving spouses to know what property they are entitled to after the death of their spouse. A lawyer who handles wills and fiduciary disputes can help determine whether a deceased`s estate plan violates the spouses` joint property rights or estate rights.
Staying organized and efficient after the death of a spouse is difficult. Use the following tips to make sure you`ve taken all necessary legal steps. Our lawyers can help you enforce your spousal rights at every stage of the administrative process, from ensuring that the will or trust has been correctly interpreted to determining whether the deceased`s will or trust violates the community`s property rights. In this section, we`ll cover some of the specific ways our lawyers can help surviving spouses after their spouse`s death. Here are the documents you need after the death of your spouse: the answer would be yes. If community funds are used to make capital improvements to a separate property, the community acquires a pro tanto interest in the property to the extent that the capital improvements have increased the value of the property. The same applies when Community funds are used to repay the principal balance of a mortgage on segregated real estate. If you are a surviving spouse who has already signed a prenuptial agreement or agreement and the terms of the agreement seem unfair, the court may come to the same conclusion and cancel the agreement.
Property acquired during a presumed marriage is considered quasi-marital property and is divided between the partners in the same way as joint property would have been divided if the marriage had been valid. The inheritance rights of the alleged spouses are largely identical to those of the surviving spouses. When a person dies with an outstanding debt, they are usually paid with the money or property that remains in the estate. When your spouse dies, you are generally not responsible for their debts unless it is a joint debt or you are liable under state law.