My Spouse has passed
away. What should I do first?
The following is a checklist
of items you should locate and organize:
- make a note of the
Social Security numbers for you and your spouse;
- find copies of all
insurance policies;
- get several certified
copies of the death certificate (the funeral home can help you with
this). You will need a number of copies because many agencies require
you to submit this certificate;
- find the original will
if available or locate a copy; contact the lawyer who drafted the
will if you have problems;
- find a copy of your
marriage certificate;
- if your spouse was
a veteran, obtain a copy of his or her honorable discharge notice;
- make a list of all
of the personal property, land or real property, stocks, savings
accounts, IRAs, bonds, etc. that are in your spouse's name.
- make a list of the
people to whom your spouse owed money. This includes credit card
companies, mortgage holders, and debts associated with a last illness.
What do I do next?
Contact the Social
Security Administration.
You are not allowed to
keep the check representing benefits for the month in which your spouse
died. Social Security benefits run one month behind. In other words,
the check you receive at the beginning of the month covers benefits
for the previous month. In order to be eligible for benefits, the
worker must be alive at the end of the month.
A widow or widower can
receive either the spouse's benefit amount or an amount based on his
or her own work record, whichever is greater. You may also be entitled
to receive a lump sum death benefit from Social Security. If you have
any questions, contact the Social Security Administration at (800)
772-1213.
Contact your spouse's
employer to see whether you are entitled to any insurance benefits.
If the death was work related, you may be entitled to other benefits.
You should contact all past employers to determine if you are eligible
for proceeds from a pension plan. If your spouse was receiving a pension,
check to see whether you will continue to receive this benefit or
reduced amount.
Contact companies that
issued life insurance policies to your spouse. Proceeds of life
insurance policies do not pass through the estate if there is a named
beneficiary. If you are the beneficiary, you will be able to get this
money directly. If there is no named beneficiary, the proceeds will
be paid to the estate.
Contact the Probate
Court in your county. Under Georgia law, if there is a will, you
will need to file it with the Probate Court. You may or may not decide
to probate the will. This is different from filing the will. It is
the way the will is carried out. Contact a lawyer or call the hotline
for more information.
If your spouse was a veteran,
Contact the Department of Veteran's Affairs
If he or she was receiving
veteran's benefits, you may be eligible for survivor's benefits. Also,
the Department of Veteran's Affairs offers other benefits such as
a funeral allowance and money to purchase a burial plot or a grave
marker. Their number is (800) 827-1000.
Ellie Crosby is a Managing Attorney for the Georgia Senior Legal
Hotline. Contact information:
Ellie Crosby - Managing
Attorney
Georgia Senior Legal Hotline
2 Peachtree St. 36th Floor
Atlanta, GA 30303
phone: (404) 657-0217
fax: (404) 657-5285
elliecrosby@usa.net
