Death of a Spouse and the House – McNamara Law Firm

It is a tragic loss when a spouse passes away. Although the grief is often unbearable, there are legal steps required by the surviving spouse, especially related to real estate.
As a coping mechanism, many surviving spouses try to handle business immediately – feeling “in control” if they do “something”. Often times their well-intended efforts complicate matters. It is important to understand the process, and handle after-death matters in the correct order.
Surviving spouses are often surprised that the deceased spouse’s name must be removed from real estate deeds. A death certificate is required, and title must be verified. There are many ways title may be held. The last recorded deed is important to determine proper title, and if not available, copies can be obtained easily.
There are several documents which need to be filed and submitted. These documents include a Preliminary Change of Ownership Report (in L.A. County), an Affidavit of Death, as well as a document titled Change in Ownership Statement Death of Real Property Owner. These can be tricky to complete properly, often require additional documentation. It is suggested that these necessary documents are prepared by a lawyer or professional.
If the title was held as joint owners, it is important that the survivor creates a trust, and title reflects that trust. This is needed to avoid the probate process after the survivor passes away. Adding an adult child to title is not a good idea as it results in poor tax results.
Although the surviving spouse may be overwhelmed with emotion, it is important to remember to consult with your lawyer for proper guidance after a loved one passes.
For more information, please contact the McNamara Law Firm at (661) 287-3260 or visit www.theMcNamaraLawFirm.com.