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A man on the phone learning What to do after my spouse dies
Shawn McCammon
Shawn McCammon
Attorney at Law

Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.

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What Do I Need to Do after the Death of My Spouse?

July 19, 2024
The death of your spouse is a period of unimaginable grief. Unfortunately, there are many legal and financial obligations that will not wait.

Losing a spouse is an emotional and challenging experience. While it might be difficult to focus on practical matters during such a time, there are essential steps you need to take to ensure everything is handled properly. You might want to ask for help and advice from a trusted family member, friend, or adviser to sort things out and provide you with emotional guidance.  You do not have to manage these steps alone. McCammon Law helps clients in San Antonio regularly with managing this process, and is here for you and your family.

Based on Kiplinger’s article entitled “Checklist: Steps to Take after Your Spouse Dies,”  this guide provides a comprehensive checklist to help you navigate through the necessary tasks to take.

Step 1: Get Organized

The first step is to get organized. Create a detailed list of tasks that need to be completed. This will help you keep track of what you have done and what still needs attention.

Step 2: Obtain Death Certificates

You will need multiple copies of the death certificate—at least a dozen. These are necessary for settling various affairs such as financial accounts, insurance claims, and legal matters. You can typically request these through the funeral home or directly from the San Antonio City Clerk's Office.

Step 3: Review the Will and Identify the Executor

Locate your spouse’s will and identify the named executor. The executor is responsible for carrying out the wishes outlined in the will. If you need assistance understanding the will or executed your estate planning documents with Estate Lawyer Shawn McCammon, call our office at (830) 217-1511 so that we can guide you through this step.

Read our article, What Happens When There’s No Will? if your loved one died without a will in place.

Step 4: Contact Professional Advisors

Notify your professional advisors about your spouse’s passing. This includes your CPA, estate planning attorney, financial advisor, and banker. They can provide guidance and help you understand the steps you need to take. Additionally, contact the Social Security Administration to report the death and discuss survivor benefits.

Step 5: Take Inventory of Financial Assets

Review your spouse’s estate plan and gather all necessary documents. This includes bank statements, tax returns, insurance policies, credit card statements, and any other financial records. This inventory will be crucial for managing your spouse’s estate.

Step 6: Contact Your Spouse’s Employer

If your spouse was employed at the time of their death, contact their employer to inquire about any benefits you may be entitled to, such as life insurance or retirement accounts. Additionally, check on the status of any employer-provided health insurance and make necessary arrangements for continued coverage.

Step 7: Avoid Major Financial Decisions

It is advisable to avoid making any major financial decisions for at least a year. Selling a home, making large investments, or other significant financial moves should be postponed until you are more emotionally stable and have a clear understanding of your financial situation.

Step 8: Handle Probate Matters

If your spouse had a will, probate may be required to settle the estate. McCammon Law is an experienced probate office in San Antonio to guide you through the Texas process. If there is no will, the estate will need to be settled according to Texas state laws, which can be more complex.

Step 9: Transfer and Close Accounts

Transfer any accounts that were solely in your spouse’s name into your name or close them if no longer needed. This includes utility accounts, bank accounts, and credit cards. Obtain a copy of your spouse’s credit report to identify any outstanding debts and to prevent identity theft.

Step 10: Update Emergency Contact Information

Update the emergency contact information for yourself and any dependents, removing your spouse’s details where necessary.

Step 11: Honor Your Spouse’s Wishes

Finally, ensure that your spouse’s wishes are carried out as they intended. This includes distributing personal belongings, fulfilling any charitable donations, and respecting their funeral and burial preferences.  Check to see if your spouse had purchased burial or funeral insurance, as well as whether they shared their funeral service preferences with a local funeral home or place of worship. Read more in our article: What Needs to Happen after a Spouse Dies?

Seek Professional Guidance

During this difficult time, it can be overwhelming to manage all these tasks on your own. Seeking the professional assistance of McCammon Law can help ease the burden after the death of a spouse and ensure everything is handled correctly. If you're a new client, we encourage you to request a consultation with our office so that we can be your committed advisor for this challenging time.  If you are already a client, please call us at (830) 217-1511. We're here for you and your loved ones.

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Boerne, TX 78006

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