Re: Estate Attorney

Shanus · ‎05-17-2010

@BunSnoop I'm so sorry your loved husband passed away.

When my Dad died, my DH (a tax accountant) was able to do a lot of the things you mention. Some of what you mentioned can be done by your making a phone call or a visit to the bank: changing bank accts. into your name, call Social Security (you may have to go in person w/ ID), I think credit cards can be changed by contacting the number on the back.

One hint I'll give you is to look online and see what you'll need to do yourself. Attorneys charge a fortune, by the hour and even charge for phone calls. The most you can do yourself is better. Also if you can find a tax attorney, they can take care of this for you that need to be done.

Take your time to grieve. It's a big change...everythinng will be, not just paperwork.

Still Raining · ‎03-30-2014

I am sorry to learn of your loss. Hard to have someone you relied be gone. Take it easy with small steps to untangle the issues. Can a sibling be there to assist?

A bit later you need to turn your planning to yourself. One gift we can give to ease our parting.

For me a trust and all the associated documents was the answer. In my state it also does away with estate taxes. Did take a while to transfer assets and/or name beneficiaries. A single person does not a spouse with legal rights.

drizzellla · ‎03-14-2010

@BunSnoop Like you don't have enough to worry about BUT please be careful.

Right before my Dad died, someone opened a credit card in my Dad's name. And they charged thousands of dollars of merchandise.

I did not find out until the bills started coming. And I was told by the fraud department of the company to take my Dad to the police station and make a report. Another scary thing I learned was that the person taking out the credit card was born in 1985. My Dad was 84 years old at the time. I asked the "Fraud Department" person did they check anything before issuing a credit card? My Dad was on IV antibiotics and fighting sepsis. No way was it possible for him to get out of bed and go to a police station - he died 2 days later.

For the next 8 years I received collection calls.

You will be filling out many forms and giving out SS #s. Please be careful. You will be a MUCH stronger person once you have finished dealing with this.

RedTop · ‎09-01-2010

@BunSnoop

I am so sorry to read your husband did not have a will. This will add more bumps in the road ahead for you, but I am glad you are going to contact an attorney for the advice you need to do things correctly the first time, instead of trying to wing it and later realize you should've done something differently. By all means get things started for your Power of Attorney, Will, and Advance Directives; those documents are so very important to have in place.

Just breathe and take one day at a time!

BunSnoop · ‎05-22-2010

OMG.....I made my first phone call to have my husband's name on a policy removed and replaced with mine. I was on the phone over 1 hour!!!

It's an insurance policy for my wedding rings and was in my husband's name. I first called and said I wanted to pay the amount due. He took my credit card information. I then mentioned my husband passed away and he said he will forward my call to another department. They had to close my husband's account and open an account with a new account number for me. They could not transfer the payment I had originally made from my husband's account so I had to pay again for my account. They will send me a refund check but it will be issued to "the Estate of....". As I have not gone to my bank the bank will not be able to cash that check for me. So the rep. told me when I get the check to call her and at that time ask to have that check voided and reissued to me in my name!! OMG - you would think they could just issue a refund on the credit card.

If it took over an hour to handle this jewelry insurance plan, I'm dreading all the other numerous calls I will have to make. I THOUGHT this was going to be the easy one - I was so wrong. UGH!!

Snowpuppy · ‎03-09-2010

Just a word about credit and credit cards.

No, they are not going to remove the spouse off a joint account and put the card in your name only. The issuer will close the current account and you need to apply for your own card based on your current income/assets.

As @drizzellla mentioned, debt collectors can come out of no where. When my ex passed, a bank began calling me for a card of his. I said I was never on the account. I retained a probate attorney who said "be polite and tell them to contact me". I did.

The attorney wrote a letter to the bank asking for proof I was on the account. The calls and letters immediately stopped.

homedecor1 · ‎03-09-2010

@BunSnoop

My deepest condolences to you. My spouse passed recently with a will and upon receipt of death certificates (I requested 10) I saw attorney to probate his will and transfer deed into my name only. The court then appointed me as his "personal representative" it cost me $4,000 which I thought was absurd but that was the going rate to probate. It took about 5 months (I'm in FL).

The bank was my biggest obstacle as we had joint ownership, credit cards, etc. removed him from accounts but I had to re-apply for credit in my name.

I need to have my will redone now that things have changed. I will meet with attorney but it's another expense so I wrote down all pertinent info for house, bills for my kids and directions how to do things.

Best of luck to you for easy transitions -- take time for you during this time.

homedecor1

geezerette · ‎03-16-2010

@Snowpuppy wrote:
Just a word about credit and credit cards.

No, they are not going to remove the spouse off a joint account and put the card in your name only. The issuer will close the current account and you need to apply for your own card based on your current income/assets.

As @drizzellla mentioned, debt collectors can come out of no where. When my ex passed, a bank began calling me for a card of his. I said I was never on the account. I retained a probate attorney who said "be polite and tell them to contact me". I did.

The attorney wrote a letter to the bank asking for proof I was on the account. The calls and letters immediately stopped.

@Snowpuppy

Actually, if it truly is a joint credit card, they will just remove the deceased from the account and continue with the survivor and the same account number. (Much like a joint bank account with rights of survivorship.) That happened with two of my credit cards. It was very easy for me to handle with just a phone call. I didn't even have to send a death certificate, they were able to check on their end that my husband had indeed passed.

It's the card where one person is the sole owner and the other only has charging privileges that it gets closed.

However, this was a few years ago so things may have changed by now.

geezerette · ‎03-16-2010

@BunSnoop

Yes, unfortunately you will have some things that get complicated, confusing and frustrating. It's why so many of us have said to take things slowly. You have so much to deal with right now that trying to do too much at once will make you crazy.

Add to that, not all banks have the same procedures. Or credit card companies, or insurance companies, etc. Just when you think you might have a handle on it all, someone throws a wrench in the pile.

It's exhausting. But hang in there, it will all get done eventually. You can do it. 💪

Imaoldhippie · ‎06-10-2015

So sorry for your loss.

When you call an attorney to make the appointment, ask if you should bring all paperwork. I would think you should as if you make the decision to go ahead you would have everything needed to leave at the office for the attorney to "get started."

@BunSnoop

LIFE IS TO SHORT TOO FOLD FITTED SHEETS