If my husband recently passed after a long health crisis but left virtually no estate, what do I do now?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband recently passed after a long health crisis but left virtually no estate, what do I do now?
He was disabled and banked less than a $1000 a month from which I took care of all his bills I could (with medical bills that didn’t go far). I am now waiting for the treasury to remove his last – if not 2 – months of his disability payments which will leave me a grand total of under $100 in my husband’s entire estate. He had no life insurance, no vehicles, no home, no settlements, no IRAs – nothing but his family and the clothing he owned. What do I do now? I cannot afford an estate/probate attorney. Our children are adults and I am 52 so I will not be collecting any Social Security from his death but the one lump sum pay out of $255.85.
Asked on December 11, 2015 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no requirement that an estate be probated. This is an extremely small estate. If your name was on the account that had $100 on it, then you would be entitled to the funds under the "right to survivorship". If your name was not on the account, then you can get access to it with "affidavits of heirship" by yourself or any surviving children.
You do need to let any potential creditors know that he is deceased. You do this with a simple letter and enclose a copy of the death certificate. The death certificate does not have to be certified... just a copy that puts them on notice that he is deceased.
You also need to file a final income tax. This puts the IRS on notice that he is deceased. You can combine this as you normally would with your taxes. Just include a notice that this is final tax return because he is deceased and include a copy of the death certificate.
So basically, just a bit of paperwork to tie up a few loose ends. You don't need the expense or headache of a probate. If a creditor thinks there is an estate, then they should be out the expense and effort to file the probate, not you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.