Getting Affairs in Order After Death

If you are the spouse, child or dependent parent of a veteran, you may be eligible for survivor compensation in a few different forms. 

VA Dependency and Indemnity Compensation (VA IDC) is a tax-free benefit for survivors of a veteran who died in the line of service or as a result of a service-related illness or injury. 

More information, including application forms, can be found here.

A VA Survivors Pension offers monthly payments to qualified surviving spouses, and the unmarried dependent children of war-service Veterans, who meet certain net worth and income limits that are set by Congress. 

Additional information and an online application form can be found here. 

VA Aid and Attendance benefits and Housebound allowance may be available for those who receive a VA Survivors Pension. This is a monthly payment for survivors who have a permanent disability that necessitates staying primarily in your house. 

Further information — there is a mail-in form and in-person application instructions — can be found here.

Bereavement Counseling through certain Vet Centers may also be available for surviving spouses, dependent parents and children. 

More information can be found here.

And, be sure to check out the comprehensive online brochure about VA Survivor Benefits and visit our VA Funeral Assistance page as well. 

Sources

“Survivor compensation”. US Department of Veterans Affairs. https://www.va.gov/family-and-caregiver-benefits/survivor-compensation

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

If you’re covering the costs of your veteran loved one’s burial and funeral, you may be eligible to receive VA funeral cost benefits. To qualify for these benefits, both you and the veteran must meet certain eligibility criteria.

The veteran must have:

• Been honorably discharged, and
• Fulfilled one of the following conditions:
  • Received care from a VA facility,
  • Received a VA pension,
  • Died from a service-related disability.

You must:

• Be the surviving spouse or legal-union partner, child, parent or close family member of the veteran, or served as executor of their estate.

For more detailed information on the veterans burial allowance, including:

• Your eligibility status
• What expenses are covered by the benefits
• How much time you have to file a claim
• The amount you may receive

Visit the US Department of Veterans’ Affairs Veterans Burial Allowance page for more information, including the documents you’ll need. You can apply for benefits online.

Sources

“Veterans death benefits.” USA.gov. https://www.usa.gov/veterans-death-benefits

“Veterans burial allowance and transportation benefits.” US Department of Veterans Affairs. https://www.va.gov/burials-memorials/veterans-burial-allowance/

“Apply for a Veterans burial allowance and transportation benefits”. US Department of Veterans Affairs. https://www.va.gov/burials-memorials/veterans-burial-allowance/apply-for-allowance-form-21p-530ez/introduction

To notify the Social Security Administration of a death (they handle reports for both Social Security and Medicare recipients) do one of the following:

• Give the funeral director your loved one’s Social Security number, and they will report the death to the SSA.

OR

• Contact your local Social Security office or call the main SSA number at 1-800-772-1213 (TTY 1-800-325-0778) to report the death. Note that you can only report the death in person or via phone — the SSA will not accept email or online reports. If you are reporting the death, you can initiate the process without the death certificate, but you will need it to complete the report.

Applying for Survivor’s Benefits

Spouses, divorced spouses, dependent parents, and children who are minors, K-12-enrolled or disabled may be eligible to continue receiving the person’s Social Security and/or Medicare benefits. You can check more detailed eligibility requirements on the Social Security Administration website. 

You can apply for benefits directly on the SSA’s website, or make an in-person appointment by calling the main SSA number (1-800-772-1213) and letting the agent know you’d like to set up an appointment to apply for survivor’s benefits.

Information you’ll need includes: 

• Your own social security number and place of birth (city, state, and country).
• The last five years of work information for the person who died:
  • Employer name(s)
  • The dates worked
  • Average number of hours worked
  • Pay rate(s)
• Information on past and current marriages
  • Your former spouse or spouse’s birthday and Social Security number 
  • The date you got married and/or divorced
  • The location you got married (city, state, and country)
• Names of children age 17 or younger, age 18 or 19 if enrolled in a K-12 school full-time, or any age if they have a disability that developed at the age of 21 or before
• For direct deposits of any benefit payments, you’ll need the routing number and account number of your bank account

Sources

“Report the death of a Social Security or Medicare beneficiary”. USA.gov. https://www.usa.gov/social-security-report-a-death

“Survivor benefits”. Social Security Administration. https://www.ssa.gov/survivor

“Who can get Survivor benefits”. Social Security Administration. https://www.ssa.gov/survivor/eligibility

If you are a designated beneficiary on a loved one’s bank account — often called a Payable on Death (POD) or Transferable on Death (TOD) account — the bank will release the remaining funds to you upon learning of their death. If you are a joint account holder with someone who has died, typically you will be able to access the funds as normal, though you should confirm with the bank, as different rules may apply.

If there are no beneficiaries or joint account holders, funds in a loved one’s bank account become the property of the estate, to be managed by the executor. These funds are generally used to pay any outstanding expenses and then are divided according to the person’s will. 

In the case that there is no executor and no will, the state will appoint an executor according to local laws. The appointed executor will then use the funds to pay any estate creditors and then distribute any remaining money based on local inheritance laws. In the majority of states, funds are released to the spouse and children of the person who died. 

Sources

“What happens to a bank account when someone dies?” Bankrate. https://www.bankrate.com/banking/what-happens-to-your-bank-account-after-death/

Ensure that any bills for the person who died are forwarded to the executor of the loved one’s estate, as the estate is responsible for payment. Keep in mind that in the majority of cases, relatives and even spouses are not responsible for the personal debts of someone who died. If you are the executor, pay any outstanding bills out of the value of the estate (this is part of the probate process in which an estate’s assets are distributed). If the estate lacks the necessary funds, bills can typically go unpaid. 

Canceling accounts & services after someone dies

Continuing services, such as cell phone, cable and subscription services like Netflix, utilities (if no one else continues to live at the address), etc., should be canceled as soon as possible. Outstanding bills may be paid by the estate or can generally be ignored if they are only in the name of the person who died. To cancel these services, contact the customer service department of the particular servicer to notify them of the death. The process for each company tends to differ; many require copies of the death certificate for cancellation.

Typically, you should continue to pay bills associated with assets, like a home mortgage or car payment, to avoid the risk of foreclosure or repossession. If someone is remaining in the deceased loved one’s home, continue paying utility bills to avoid service suspension as well. It is also prudent to move the accounts to the name of the current occupant of the home.

Sources

“Probate: What It Is and How It Works, With and Without a Will”. Investopedia. https://www.investopedia.com/terms/p/probate.asp

“Bills and Services to Cancel—and Keep—When a Loved One Dies”. McCreary Law Office. https://mccrearylawoffice.com/bills-and-services-to-cancel-and-keep-when-a-loved-one-dies/

Generally, if a debt was in your spouse’s name alone, you are not responsible for paying it — their estate is. However, if you are a joint account holder on a credit card or a co-signer on a loan, and those accounts have debt remaining, you are responsible for paying it. Also, if you live in a state with a doctrine of necessaries in effect (this typically relates to expenses “necessary” to your spouse’s health or well-being), you may be accountable for those payments. Certain states also have community property laws, in which a spouse may be responsible for paying any debts incurred as a result of purchases that benefited both spouses, aka “community property.” These types of items can include things like furniture for the home or a shared car.

If necessaries statutes or community property laws aren’t in play, and your spouse’s estate does not have the necessary funds to pay off their individual debts, those will typically go unpaid. Keep in mind that federal law prevents debt collectors from hinting or asserting that you are responsible for a spouse’s personal debts. If you are being harassed by debt collectors for spousal debt you believe is not your responsibility, you may request details about the debt in writing to better assess the situation, or you may wish to speak with a lawyer to determine the best course of action.

Sources

“Am I responsible for my spouse’s debts after they die?” Consumer Finance Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/am-i-responsible-for-my-spouses-debts-after-they-die-en-1467

“Doctrine of Necessaries”. Bills.com. https://www.bills.com/learn/debt/doctrine-of-necessaries

“Community Property Debt”. Bills.com. https://www.bills.com/learn/debt/community-property-debt

If you’re the spouse or executor of your loved one’s estate, you can report their death to any one of the three major credit reporting agencies (Equifax, Experian, or TransUnion) by writing a letter. In the letter, you’ll need to include your loved one’s personal information so the agency can locate their report — full legal name, Social Security number, birthdate and location of birth, and death date — along with a certified copy of the death certificate and proof that you have legal authority to manage their accounts.

The agency you report the death to will inform the other two. All three will flag the person’s credit report with “deceased – do not issue credit” to prevent further activity or new accounts being opened under their name. It’s a good idea to make and keep copies of all the documentation you’re sending, and send the necessary documents via Certified Mail.

Each bureau may have slightly different requirements, or it may be possible to report the death online (including uploading the death certificate). Select any from the list below for specific information, along with their mailing address.

Equifax Information Services LLC
PO Box 105139
Atlanta, GA 30348-5139

Experian
PO Box 4500
Allen, TX 75013

TransUnion
PO Box 2000
Chester, PA 19016

Sources

“How to protect your deceased loved one’s credit after death”. Bankrate. https://www.bankrate.com/personal-finance/credit/how-to-protect-your-deceased-loved-ones-credit/

“Certified Mail Guidebook.” USPS. https://postalpro.usps.com/certified-mail-guidebook

A spouse or estate executor of the person who died should contact one of the three major credit reporting agencies — Equifax, Experian, or TransUnion — to report the death. Whichever agency you report the death to will inform the other two bureaus, and all three will flag the person’s credit report with “deceased – do not issue credit” to prevent any further activity or any new accounts being opened under their name. You will typically need to send a copy of the death certificate, information about the loved one (full name, Social Security number, birthdate and location of birth, death date) and proof that you have legal authority to manage their accounts. It’s a good idea to make and keep copies of all the documentation you’re sending, and send the necessary documents via Certified Mail.

Notify One of the Three Major Credit Bureaus

Each bureau may have slightly different requirements or the ability to report the death online. Select from the list below for specific information.

• Equifax
• Experian
• TransUnion
  

Request a Credit Report

Get a copy of the loved one’s credit report from each of the three credit bureaus (again, you will likely need to provide a death certificate, their information and proof you’re authorized to handle their estate). It’s important to request a report from all three bureaus as some may contain different information. The report will allow you to review all open accounts, loans and credit lines so you can alert each creditor. It will also show you if any fraudulent accounts have been opened after the loved one’s date of death.

NOTE: The IRS recommends avoiding putting too much personal information in the loved one’s obituary, as this can be fodder for identity thieves. Information to avoid includes the person’s address, birthday, mother’s maiden name or other personal information.

Contact Creditors and Banks

Notify each credit card company, bank or other financial institution where your loved one had accounts. If they had a joint account with someone still living, inform that person that they will now be solely responsible for the account. You can call each credit card company and ask to connect with “Deceased Account Services” or possibly the “Estate Unit,” or check their website, to find out what is required to cancel the account. 

• Any outstanding balances will typically need to be resolved through the loved one’s estate.

Cancel Recurring Payments

If your loved one had set up recurring payments using their credit card for services like utility bills, subscriptions or other accounts, you’ll need to cancel each separately. Simply canceling the credit card may not stop these payments from being processed. Review any statements or paperwork left behind for recurring charges, such as cell phone, internet and streaming services, then contact each service provider directly to cancel automatic payments tied to the credit card.

Dispose of the Card

After you’ve received confirmation from the issuer that the credit account is closed, destroy the card by shredding it or cutting it into pieces.

Monitor for Fraud

Even after you’ve notified all the proper institutions, continue to monitor your loved one’s accounts and credit reports for several months. Occasionally, fraudsters may attempt to use a deceased person’s identity long after their death.

Keep Documentation

Throughout this process, keep detailed records of your communication with creditors, credit bureaus and other institutions, including cancellation confirmations. This is helpful in case any disputes arise later.

By taking these steps, you can help secure your loved one’s credit and prevent fraud, and start the process of settling their financial affairs.

Sources

“Identity theft guide for individuals”. Internal Revenue Service. https://www.irs.gov/identity-theft-central/identity-theft-guide-for-individuals

“Certified Mail Guidebook.” USPS. https://postalpro.usps.com/certified-mail-guidebook

“Credit and Debt After Death: What You Need to Know”. Equifax. https://www.equifax.com/personal/education/life-stages/articles/-/learn/credit-accounts-after-death/

“How to cancel credit cards for someone who is deceased”. Bankrate. https://www.bankrate.com/credit-cards/advice/how-to-cancel-a-credit-card-after-death/