May 29, 2025

Losing a spouse is one of life’s most difficult experiences. Everything that needs to be taken care of while grieving is overwhelming, and even the simplest tasks may be difficult. Although it may seem daunting, certain legal and financial matters need to be addressed after a spouse’s passing. Having an overview of tasks to be completed can help you navigate the process efficiently and make it more manageable. Let’s review important legal and financial matters to address after the loss of a spouse.

Death Certificates

Death certificates are necessary for various legal and financial transactions. It’s recommended to obtain 10 to15 copies. Funeral directors typically assist with this process.

Gathering Important Documents

Locating and organizing legal and financial documents can help determine who needs to be contacted and what needs to be done. These can include wills, trusts, real estate deeds, financial statements, insurance policies, and vehicle titles.

Notifications to Government and Other Institutions

Depending on your circumstances, various organizations should be notified of your spouse’s passing. Many organizations require a death certificate to process changes.

Social Security Administration: The funeral director often handles this notification, but it’s important to confirm. If eligible, you can also apply for survivor benefits. It’s important that any Social Security payments received after death are returned.

Medicare and Medicaid: When the Social Security Administration is notified, that information is automatically passed onto Medicare and Medicaid. If your spouse received Medicaid, inherited assets may be subject to estate recovery.

Veteran Affairs and Other Benefits: Handling overpayment of benefits can be a hassle; prompt notification is recommended. Also, notifying Veteran Affairs allows you to review any other eligible benefits.

Financial Institutions and Insurance Companies: Banks and investment firms should be informed to update account ownership and beneficiaries. For insurance policies, file claims for life insurance payouts and update home and vehicle insurance policies.

Employer Benefits: Contact your spouse’s employer to find out about health insurance, death benefits, life insurance and retirement funds.

Creditors and Financial Obligations: Notify mortgage company or landlords. Run a credit report to identify outstanding accounts and contact the credit bureaus and credit card companies to prevent identity fraud. You may also want to cancel any memberships or subscriptions that are no longer needed since many automatically renew.

Meet with Estate Planning Attorney

Everyone’s situation is different, and the legal steps required depend on several different factors. Consulting an experienced estate planning attorney will help determine your next steps. You will need to verify whether your spouse’s estate must go through probate. In Wisconsin, probate can be required if your spouse solely owned assets exceeding $50,000. However, assets in a trust, jointly owned property with survivorship rights, and accounts with named beneficiaries avoid probate. If the estate’s total value is under $50,000, you may be able to use a Transfer by Affidavit. Wisconsin allows the use of a Transfer by Affidavit for a simplified process that bypasses probate court. An attorney can help review the estate plan, assess how assets are titled, and guide you through any necessary legal process.

Blended Families

Blended families, where one or both spouses have children from a previous relationship, may face additional challenges without proper estate planning. Without a valid will or trust, Wisconsin’s intestate succession laws dictate that half of your spouse’s marital and non-marital property goes to their children and half to the surviving spouse. Consulting an attorney ensures proper handling of the estate and minimizes potential disputes.

Updating Your Estate Plan

Beyond settling your spouse’s estate, it is essential to update your own estate plan. This includes reviewing your powers of attorneys, will, trust, ensuring beneficiary designations are current, and reviewing jointly owned property. For real estate that was jointly owned a Termination of Decedent’s Interest should be completed to prevent future complications. If it is not done before your own passing, two probate cases may be required instead of one. Reviewing and updating your estate plan ensures your wishes will be honored and can simplify future estate management for your loved ones.

While there is little you can do to prepare for the emotional turmoil of losing a spouse, having a well-prepared estate plan in place can help ease the burden. It can also minimize or even prevent unnecessary complications during a difficult time.

Free Consultations

With so many things to take care of while grieving, it is easy to be overwhelmed. You don’t have to navigate this process alone. Don't hesitate to reach out for support; having the right support and guidance can make all the difference. At Pedersen Law Office, LLC we understand how overwhelming dealing with the loss of a spouse can be; that is why we offer free consultations. We will meet with you personally to discuss your situation and help you through the entire legal process. Our law office serves the communities of Appleton, Kimberly, Kaukauna, Menasha, Neenah, Oshkosh, Green Bay, De Pere and their surrounding areas.