Property, Housing, & Legal Documents When Getting Affairs In Order

It’s a good idea to change the locks of your loved one’s home after they die — if they named an executor, that person is responsible for this. If there is no executor named, asking the court to appoint one should be a priority so the locks can be changed as soon as possible. This is good practice as any neighbor, friend or family member may have a key and thus could enter the home and remove items out of turn. 

If your loved one was living in a rented property, it’s the landlord’s responsibility to change the locks or otherwise secure the home. 

Sources

“Making sure a loved one’s house is safe after their death”. Ford + Bergner. https://fordbergner.com/blog/2022/04/making-sure-a-loved-ones-house-is-safe-after-their-death/

“Dealing with the Death of a Tenant: 4 Steps for Landlords to Take”. Trust & Will. https://trustandwill.com/learn/dealing-with-the-death-of-a-tenant

If your loved one died and left pets behind, there are a few paths to consider to ensure their well-being. 

Understand Your Loved One’s Wishes (if possible)

Check for any instructions first. If your loved one made prior arrangements for their pets, such as a will, living trust or simple written instructions, follow those. This might include who they wanted to care for their animals or a preferred animal rescue organization. This process may take some time, though, in which case you’ll need to ensure the pets are cared for in the meantime.

Immediate Care for the Pets

Ensure the animals’ safety by making sure they are regularly fed and watered. If you can’t immediately care for them yourself, reach out to a family member, neighbor or friend who might be able to help. You can post information about the pets on your loved one’s memorial site or your social media accounts to reach the widest possible audience.

If you’re unsure about the pets’ health or need advice on managing them, a veterinarian can be a good resource. They may even have suggestions on shelters, rescues or even individuals who could take the animals.

Decide What to Do with the Pets

If the pets are in good health and able to be rehomed, try reaching out to friends or family first to find someone willing to take them in. If no one is willing or able to adopt the pets, you can search for a breed-specific rescue group or local humane society for assistance.

If the animals can’t be rehomed immediately, you might consider fostering them until a permanent home is found.

Sources

“Who Will Care for Your Pet After You Die?” Nolo. https://www.nolo.com/legal-encyclopedia/who-will-care-for-your-pet-after-you-die.html

“Pet estate planning: when pet owners die, what happens?”. The Valley Reporter. https://www.valleyreporter.com/index.php/news/local-news/18571-pet-estate-planning-when-pet-owners-die-what-happens

If you’re an adult child living in a family home owned by a parent who has died, whether you can continue living there depends on a few factors such as the will or estate plan, the legal status of the property and local laws. Here are key points to consider:

Estate and Will Provisions

If there is a will, the family home may be bequeathed to you, in which case you have the legal right to live in the house — however, before ownership can be transferred, the estate will go through the often lengthy probate process. This will determine whether the house is required as an asset to pay off debts of the parents’ estate. 

If the house is left to multiple siblings, you may decide to live there together, to sell the home and divide the proceeds or one sibling may wish to buy out the others. If you’re unable to reach an agreement, any sibling can file a petition with the court to request a forced sale of the property.

There’s also the possibility your parent may have a “Transfer on Death” deed in your name. In this case, you’ll inherit the home upon your parent’s death and typically avoid the probate process.

If There Is No Will

If there is no will (intestate), the parents’ estate will be distributed according to state laws — in many jurisdictions, children inherit the property, though in some states a surviving spouse may have more rights to remain in the home, especially if they were a co-owner. If you do inherit the property, you have the right to live in the home, although it will go through the probate process. Upon receiving the deed of the house, you’ll need to work out the logistics of ownership (such as sibling considerations, mortgage payments, taxes, etc.).

Laws vary by state, so it’s important to check local laws about inheritance, property rights and the rights of surviving family members. 

Sources

“Four ways to pass down your family home to your children”. RBC Wealth Management. https://www.rbcwealthmanagement.com/en-us/insights/4-ways-to-pass-down-your-family-home-to-your-children

“Putting Your House In A Trust: Is It The Best Way To Ensure The Family Home Is Passed On To Your Children?” Harrison Law. https://harrisonlawaz.com/estate-planning/putting-your-house-in-a-trust-is-it-the-best-way-to-ensure-the-family-home-is-passed-on-to-your-children/

“A Guide to Siblings’ Rights After Parents’ Death”. Trust & Will. https://trustandwill.com/learn/siblings-rights-after-parents-death

“Transfer on Death Deed: What It Is and How It Works”. LegalZoom. https://www.legalzoom.com/articles/understanding-the-transfer-on-death-deed

Minor Children

If your loved one died and has minor children, typically they will go to the other natural parent, if they are alive. This may not be the case if the other parent has had custody infractions such as severe drug or alcohol addiction or neglect, if they are incarcerated, or if they are otherwise unwilling or unable to care for the children. If there is no other surviving parent, the courts will turn to the loved one’s estate plan, will or other written documentation detailing who they wanted to serve as guardian for their minor children. In certain instances, if there is a surviving parent but your loved one has named another guardian in their will — along with information detailing why the other parent is unsuitable — these may be taken into consideration but could still be overruled by a court. 

In the case there is no written directive about guardianship, the children will become wards of the court and a judge will make a decision about their care according to their best interest. The appointed guardian will generally be a member of the family, though close friends may apply for guardianship. Also, in many states, children aged 14 or older have input as to who will become their guardian.

Adult Dependents

When a loved one dies and leaves adult dependents behind, firstly, courts will look to any will or trust to determine whether the loved one named a guardian. The court will ensure the guardian named is suitable before legally appointing them. 

If there is no trust, will or other written information detailing your loved one’s wishes for the dependent adult in their care, the adult will become a ward of the state. This means the court will designate a guardian or conservator who will be responsible for coordinating their needs. This may mean that the dependent adult goes to live in a care facility — the court-appointed guardian remains in charge of the care arrangements, which are typically reviewed by the court every one to two years. The guardianship will remain in place either until the dependent adult dies or the guardian does, in which case the court will appoint another.

Sources

“What happens to your minor children if you die?” Tseng Law Firm. https://tsenglawfirm.com/what-happens-to-your-minor-children-if-you-die/

“Naming a guardian for your child after divorce.” Modern Law. https://mymodernlaw.com/naming-a-guardian-for-your-child/

“What happens to disabled adults with no family?” Helpers Community. https://helperssf.org/what-happens-to-disabled-adults-with-no-family/

“Why Some Adults with Developmental Disabilities Become Wards of the State”. NextAvenue. https://www.nextavenue.org/adults-with-disabilities-ward-of-state/

When a loved one dies, you’ll first want to check their driver’s license to see if they’re an organ or tissue donor. This is important as medical professionals will need to know this information right away. (See our section on Organ, Tissue and Whole Body donation for more information about donating organs and tissues.)  Next, you should locate any records that indicate if the loved one has made funeral or cremation or body donation arrangements — these may be in an Advance Directive, documents from a funeral home or potentially the loved one’s will. If there are no arrangement records, typically the next of kin will decide. The chosen funeral home or cremation provider will help arrange transport of the body.

Getting a Death Certificate

Typically the funeral or cremation provider prepares the death certificate. If you wish to obtain copies, you may obtain them from the funeral home or from the appropriate government agency, typically the Office of Vital Records or Department of Health. You may need to provide some form of identification when requesting copies. This may include:

Photo ID (one of the following)

• Driver’s license
• Passport
• A state-issued, nondriver photo ID card
• U.S. Military photo ID

OR two of the below, indicating the applicant’s name and address:

• Telephone or utility bill
• Letter from a government agency with a date withins the last six months

After Transport of the Body 

Gather your loved one’s will and any other legal documents such as safety deposit box records, life insurance or final expense policies (if you don’t find policy documents outright, you may be able to determine this through bank statements). These documents will specify your loved one’s wishes regarding management of their estate.

For more detailed information about what to do immediately after someone dies, see our Comprehensive Step-by-Step Planning Guide: Immediately Upon Death.

Sources

“Fact Sheet: Death Certificates”. New York State Department of Health. https://www.health.ny.gov/vital_records/death.htm

“How to Get a Death Certificate”. Nolo. https://www.nolo.com/legal-encyclopedia/how-get-death-certificate.html

Owned Properties

Spouse as Sole Owner

When you share a home but only your spouse’s name appears on the title, the property will not automatically transfer to you unless other legal arrangements have been made. The home will become part of your spouse’s estate, meaning a probate case will be opened, and the appointed executor will manage distribution of assets. If your spouse had a will, the executor would carry out its dictates and handle the house accordingly — the will could name you as the property beneficiary, even though your name was not on the title.

If there is no will, state laws, known as intestacy laws, determine who is entitled to inherit the home. In many states, you as the surviving spouse, are entitled to only a portion of the estate. If your spouse has children, whether from the current or prior marriage, they may be entitled to a share. This could require you to leave the home.

You and Spouse as Co-Owners

If you and your spouse co-owned the home together, typically this will fall under Right of Survivorship. This means that when your spouse, as a joint owner dies, you as the surviving owner automatically inherit your spouse’s share of the property.

This right continues through your lifetime (or until you sell the property), as you will hold the entire interest in the home. You, as the surviving owner, will have full control over the property and can choose to sell, transfer or bequeath it to anyone you wish through your own will and/or trust arrangements.

Rented Properties

Spouse as Sole Tenant

If your spouse died and only their name was on the lease, in most states the lease will continue to the end of the term — it will be transferred to your spouse’s estate executor or next of kin, who will be responsible for paying the remainder of the rent. In this case, it is possible for you to continue living in the property through the remainder of the lease, after which you can apply for a new lease in your name. However, in many states the landlord has no obligation to allow you to remain in the apartment if you were not on the lease, and can undertake proceedings to evict you. 

If the lease was month-to-month, typically when the landlord receives official written notice of your spouse’s death, it acts as 30-day notice to end the lease.

You and Spouse as Co-Tenants

If you are named on the lease as a co-tenant, upon your spouse’s death you can continue living in the property through the remainder of the rental agreement under the same terms you’ve always had, and will be responsible for the full rent payment. 

Sources

“A Shared Home But Not a Joint Deed”. Wilson Law Group. https://wilsonlawgroup.com/shared-home-not-joint-deed/

“A Simple Guide To The Right Of Survivorship”. Trust & Will. https://trustandwill.com/learn/right-of-survivorship

“Tenant’s Rights: Breaking a Lease Due to Family Death”. Trust & Will. https://trustandwill.com/learn/breaking-a-lease-due-to-a-family-death

“Can You Evict Someone Without a Lease?” Rocket Lawyer. https://www.rocketlawyer.com/real-estate/landlords/eviction/legal-guide/can-you-evict-someone-without-a-lease

“Landlord’s Guide to Handling Tenant Death: Legal Steps and Sensitivity Tips”. RentPrep. https://rentprep.com/blog/property-maintenance/tenant-dies-your-rental-property/

To forward a deceased person’s mail to yourself or to another address, you’ll need to go to a post office location and complete a change of address request in person. You will need to bring documented proof that you’re the official executor or otherwise authorized to manage the person’s mail — having only a death certificate will not suffice. 

If you need to forward a single mail item, there’s no need to go to a post office. Just neatly cross out the current address, and on the front of the envelope, write “Forward to” in print along with the desired address. You can then put the envelope in your mailbox for pickup, take it to a post office mail drop box, or place it in a blue collection box.

Sources

“Mail Addressed to the Deceased: How to Stop or Forward Mail”. USPS. https://www.usps.com/manage/mail-for-deceased.htm

If you are named the beneficiary of a home or property in a loved one’s will, once the property has gone through the probate process (a court-supervised process of paying the estate’s debts, closing any accounts, and distributing assets) the executor will assist with transferring the title to you. In certain circumstances — such as if an estate lacks the assets to close debts — the executor may decide to sell the property rather than transfer the title.

If you are the joint owner of a home with a loved one who has died, typically full ownership will be transferred directly to you. 

Obtaining the title to a property if there is no will

In cases where your loved one has no will (called intestate), and there is no beneficiary named to take possession of a house, a probate court will be in charge of distributing assets, including property, as per the intestate succession laws of the state. Most states have Next of Kin laws dictating that the property will go to a surviving spouse, child, parent or sibling in that order. If your loved one’s estate has outstanding debts or legal fees, the probate court may decide to sell the property to cover those costs.

Sources

“Transferring Deeds When The Owner Dies”. Trust & Will. https://trustandwill.com/learn/transfer-of-property-after-death-without-will

“What is Intestate? Understanding the Difference between Probate and Intestate”. Trust & Will. https://trustandwill.com/learn/intestate