ARE YOU A SURVIVING SPOUSE?
By Jane M. McNamara, Elder Law Attorney
The death of a spouse is a tragedy like no other. While experiencing shock, numbness, loss, and a wide variety of other emotions, the surviving spouse must try to work as an administrator, gathering important papers and taking care of business matters. An otherwise intelligent and competent individual who is grieving may be unable to process information, to concentrate, or to follow through on everyday tasks. Often the surviving spouse simply cannot overcome emotions in order to clearly take control of the necessary administrative tasks.
Your first step as a surviving spouse is to gather important papers such as life insurance policies, bank and investment accounts, brokerage information, deeds, and all other asset information. These assets should be reviewed to determine if action is required due to the spouse’s death.
Social security numbers for you and your spouse should be collected, as well as your marriage certificate. If your spouse was a veteran, a copy of his or her honorable discharge papers should be found. Any wills or trusts should be located, and reviewed. Many trusts contain specific provisions requiring certain activities upon the death of the first spouse for a variety of reasons, including tax-saving purposes.
Contact the Social Security Administration if your spouse was receiving benefits. New benefit amounts for the surviving spouse need to be determined. If your spouse was employed, contact the 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 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.
Unfortunately, the surviving spouse must often deal with overwhelming grief and loneliness while trying to deal with numerous financial and legal matters. Therefore, all couples should make it a priority to organize their personal affairs together while alive, rather than subjecting one spouse to this painful role alone.
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Jane M. McNamara
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