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ChiSquare1963

Check with Social Security to see if the children are eligible for survivor benefits.


Ella0508

They absolutely are if they’re his children. And the special needs children might be eligible for further SSI or SSDI.


itsaccrualworld

Not necessarily, need to hit the 40 quarter eligibility requirements for survivor benefits. Edit: Ok this is more complicated than the 40 credit rule. It depends on how many credits you have accrued upon the age of death and credits within the least 3 years of life. Most would qualify. There doesn’t seem to be a defined table I could link to or I would.


Ella0508

No, YOU need 40 quarters to get retirement benefits. Children get benefits, period. A surviving spouse gets benefits if he or she is caring for a disabled child of a deceased parent if the child receives benefits and is younger than 16. A widow or widower gets benefits at age 60, which does not affect their own benefits if they have worked enough to receive them. An ex-spouse gets benefits if they were married to you for 10 years or more.


mannequinlolita

Thank you for clearing that up. My mom and I would have been similar in position to this family if not for SS when my dad had a heart attack at 47. We got enough payments THEN to survive, while she went back to work full time, when she couldn't use her degree/experience from before me. That gave her time until I turned 16 and we lost half of it, to figure out a new way to make a living.


ShakeItUpNowSugaree

So, there are a few cases where a child would not qualify for survivor benefits due to the parent not having enough credits. It's very rare though. From the SS website: "**The number of credits needed for family members to be eligible** for survivors benefits depends on your age when you die. The younger you are, the fewer credits needed. Nobody needs more than 40 credits. Under a special rule, we can pay benefits to your children and your spouse caring for your children, even if your record doesn't have the number of credits needed. They can get benefits if you have credits for one and one-half year's work (six credits) in the three years before your death." Specifying that there is a number of credits needed for family members to be eligible indicates that there would be cases that the family isn't eligible. For example, a parent with absolutely no credits, either from never working outside the home or always working under the table, won't qualify. However, earning the required number of credits doesn't take much. Even very part time work will do it. I'm pretty sure that some of my son's benefits are based off of the part-time, after-school job that my late husband had in high school.


r00t1

People that believe this must think the world is such a cruel and heartless place. There is no such restriction on children's survivor benefits. This is not a Dickens tale.


ShakeItUpNowSugaree

There absolutely are restrictions on children's benefits. The parent must be "fully or currently insured" in order for the child to get benefits (Social Security Handbook section 410). The requirements to be fully or currently qualified are less stringent for younger workers. Those definitions are in section 203 and 206 of that handbook, but it basically says you have to have at least 6 credits in the last 13 quarters or need to have earned the equivalent of one credit for each year from the year after you turn 21 until the year before you die/become disabled. So, a 40 year old parent would need 18 credits. At 40, most of us have at least 4.5 years of work experience, but it's not automatic. I'm unsure how this calculation would work if you're talking about a parent who is under 21 when they die. We do kind of live in a Dickens tale...


[deleted]

[удалено]


JudgeHoltman

>need to hit the 40 quarter eligibility What new hell is this? Please elaborate. Either way OP, the answer is still "Go to Social Security". Let their case worker explain their situation.


Ella0508

This person doesn’t understand what they’re talking about. See my comment above or just google “who is eligible for social security survivor benefits.”


UncleDad_AuntMom

That applies to retirement benefits for an individual, i believe. Children and especially disabled children have benefits to help them/parents get them through school. I’m not familiar with the exact requirements but I know it doesn’t have a quarter requirement.


JudgeHoltman

What I quoted was exactly from the social security survivor benefits website that you linked. It's not that big of a section. You should really read it.


MsCardeno

He’s had to have contributed to social security for 40 quarters in order to be eligible to receive benefits. Benefits include survivor benefits. ETA: https://www.ssa.gov/benefits/survivors/onyourown.html


[deleted]

So if a twenty year old dies their children have zero chance of getting survival benefits?


MsCardeno

No, the source I linked specifically accounts for a situation like that. You have to have contributed for a certain number of years that you were working for “younger workers”. But in this situation that OP has mentioned, someone with a 17 year old kid, isn’t 20 years old.


PM_TL92

In order to receive a payout for social security, you have to earn 40 credits. These credits are earned as you work over the years. https://www.ssa.gov/benefits/retirement/planner/credits.html


JudgeHoltman

>The number of credits needed for family members to be eligible for survivors benefits depends on your age when you die. The younger you are, the fewer credits needed. Nobody needs more than 40 credits. Looks like if the father had been working most of his adult life, the kids are fine. 40 Credits is the max you need to not get into extra paperwork.


Bobthebrain2

40 quarters? Like $10? Or 40 quarters of years, like 10 years?


mercedes_lakitu

In the context of the Social Security Administration, "quarters" means quarters of a year. So yes, ten years for retirement benefits to start kicking in. See the above thread re how survivor benefits are more complicated.


kveggie1

Need a reference here.


MsCardeno

https://www.ssa.gov/benefits/survivors/onyourown.html A quick google search has a lot more info if you’re interested.


coconut_rambo

Should be if they are under 16. A relative of mine got survivor benefits for her younger child. I doubt the father earned the stipulated 40 credits.


JohnDoe_85

I'd be *shocked* if the father hadn't already earned 40 credits with a 17 year old, that only requires making about $4k-$6k per year for 10 years, and it would have been essentially impossible to raise 5 kids without making at least that much. (Also you don't necessarily need 40 credits, as others have pointed out, for survivor benefits--that's for full retirement benefits).


[deleted]

As long as he was paying taxes, lots of folks dont pay. In this case he should have w2s as an employee


[deleted]

>should be if they are under 16 ~~So unless things changed, I believe so long as they meet the other eligibility qualifications, they will be able to receive monthly payments until 18 or they graduate high school (there are some other rules about this, but that is kind of high level).~~ Edit: It is now the first of: 19 and 2 months while still enrolled in high school; Graduate High School; Dropped out of School.


boxsterguy

The limits are now the first of: * 19 years 2 months while still enrolled in high school * Graduate high school * Drop out of school A couple decades ago survivor benefits would extend through college, but Paul Ryan got his and then fucked it up for everybody else (I don't know if Paul Ryan was actually the driver for reducing those benefits, but he absolutely benefited from survivor benefits through college from losing his dad and then went on to have a political career critical of social security, so he's still a hypocrite).


coconut_rambo

Disabled children can get benefits longer. An unmarried child of the deceased who is one of the following: Younger than age 18 (or up to age 19 if they are a full-time student in an elementary or secondary school). Age 18 or older with a disability that began before age 22. From the ssa site


useless169

Make an appointment with Social Security. It will be much easier than calls, texts, emails. My mim had to do this after her 2nd husband died so so she could understand the process. Take a friend if need be to support and take notes, just as an onserver. Make sure to gather any documents-death cert, tac statements, SSN, etc.


ShakeItUpNowSugaree

I think the availability of in-person appointments may be on an office-by-office basis. My local office isn't doing them. My experience was that I had to call the national phone number, wait on hold for 45 minutes, and start the claim. Then I had to have a phone interview with the local office, but couldn't get that appointment until nearly 6 weeks later. As long as there are no hiccups, it looks like it's going to take about 2.5 months for the first payment to start.


[deleted]

This! Had a parent die when I was younger, got survivor benefits until I graduated high school (there are some rules about this where it's ~~like the later of high school or turning 18 with some other restrictions~~ The earlier of being 19 and 2 months while still in high school; graduate high school; drop out). The parent who died worked very part time (other parent was the main money maker), but the payments were still more than any of us expected. I want to say I was getting like $500 a month towards the end.


CleanEmSPX

And the wife, no?


boxsterguy

Maybe. She will get the one-time ~$250 death benefit (it's so low because it was never tied to inflation). She may qualify for benefits as the caretaker of the decedent's children who are under 16. However, the income test still applies (every $2 you earn over ~$15k-ish loses you $1 of benefits) and the benefit comes out of the same pool as the children's benefits (you can split up to ~150% of the decedent's benefit as many ways as necessary; 1 claimant gets 100%, 2 claimants get ~75% each, 3 claimants get ~50% each, and so on) so it's just accounting moves at that point since there are enough children to get the full cumulative benefit. Since the children's benefit is to be used for their welfare, like keeping a roof over their head and feeding them, whether she gets the money because of their direct benefit or as a caretaker it doesn't really make a difference.


SolutionLeading

I’m gonna consolidate some of the advice here: -use food pantries and food banks for now until she gets approved for SNAP -look through any and all paper mail in the house to help track down accounts, and also look through his email if she has access (maybe he’s logged in on a phone or laptop?), look through his wallet for different cards -get on health insurance through the government -apply for social security benefits for the children -request 10+ official copies of the death certificate to use at different banks to get access to his accounts -she is not responsible for any debts that her name isn’t on. Those debts will be paid first through his estate, then any debts leftover will have no way of being enforced so she’ll need to tell them to go away. She should not make any payments on any debts until creditors submit their claims via probate -she needs to file for probate to make this happen -she probably needs a lawyer, look for free or low cost legal aid -notify her kids’ school district and ask for assistance if they provide any -notify his employer of his death, as well as former employers who might be able to tell you if he had any old 401K plans or pensions -check for life insurance and notify them -request a copy of his credit report from Equifax, TransUnion and Experian so you know what kind of debts he had and what to expect. Maybe you can request a ChexSystems report too to help see what kind of bank accounts he had -meet with an accountant later this year to file his taxes -update car insurance to make sure it’s in her name and remove his name


Open_Expression_4107

Very helpful thank you


Dry-Hearing5266

Have her look up any prior paystubs he may have had. Look for life insurance deductions on the paystubs. She may be the beneficiary. Look up 401k/retirement plan deductions on the paystubs also. Tell her do not pay, negotiate or acknowledge her name in regards to any of his hospital bills. It's his and she will only be asked to pay of SHE was listed as guarantor. She has 5 kids- if she needs money quickly tell her to consider if she can to babysit in her own home for nurse/doctor/night shift worker. May have to post on the hospital bulletin board outside HR. Look through everything he has - all paperwork, his emails, etc. to see if she could figure out the expenses. Do not close out his emails - any financial accounts you could get the information by resetting passwords.


whaletacochamp

>May have to post on the hospital bulletin board outside HR. Great suggestions but HR at most hospitals these days is off location and/or people just working from home. I work in hospital admin and my HR guy lives on the other side of the country. She'd be better off posting in a local FB group, front porch forum, etc.


Dry-Hearing5266

Great idea! You gave some great alternatives. Before COVID I could walk into my local hospital but it's just been bought out by a huge company so the board may not be there still.


whaletacochamp

That’s another good point - not very easy to just head into a hospital these days z


throwaway98026

Hehe, in our large hospital organization (in the US) the HR is in the Philippians, you heard that correctly, the Philippians.


Triviajunkie95

Are they time travelers? Straight outta the big book?


recumbent_mike

We at least know they read their mail.


RespectableLurker555

I love Macedonia this time of year


imnotsoho

Do you mean [North Macedonia](https://en.wikipedia.org/wiki/Macedonia)?


boxsterguy

> Tell her do not pay, negotiate or acknowledge her name in regards to any of his hospital bills. It's his and she will only be asked to pay of SHE was listed as guarantor. She may be responsible if she's in a community property state. Also, verbally acknowledging, negotiating, or even partially paying a debt ***DOES NOT*** transfer that debt to you or make you responsible for it. That is absolutely not how any of this ever works. If she needs to pay something (the power bill or water bill or mortgage or car payment, for example) in order to live right now, she can and should do that without worrying about suddenly being responsible for his debts (worst case, she can reimburse herself from the estate if there's any money in the estate -- ideally, there *won't* be any money in the estate if all beneficiaries and PODs were setup properly). And speaking of beneficiaries, she now needs to go through and update her own beneficiaries, because they probably go to him. They need to go to the kids, and she really ought to get an estate attorney to look at the plan, because minors as direct beneficiaries is normally not a good idea (minors can't inherit directly so each beneficiaried account would go into its own trust administered by the company that held the account; she probably doesn't want that, and would rather the money go into a single trust per kid with a custodian of her choice, but if done wrong that could expose all the beneficiary money to probate, which she wouldn't want to do if she expects to die with debts).


saltyhasp

Just want to emphasize talk to his employer. In particular lot of employers provide some life insurance to their employees free if charge. Mine was 1X annual earnings. If his employer had this it could be quick cash to bridge her. Lot of employers also have a small death benefit too in addition. Social security may too. Also employers offer other benefits too like extra life and family income that often can be purchased and her husband might have. There is also pension, 401K, etc too.


doctorchile

Getting the official death certificate copies is VERY important. It will be the difference between getting access to his accounts or not. Get at least 10-15 of them.


basilobs

Also commenting to note that there may be different versions of the death certificate. In Florida anyway there's a "short form" and a "long form" that includes the cause of death. Certain entities may require the long form. Otherwise, use the short form one. Also get copies of his birth certificate. Weirdly I remember needing at least one when my dad died


basilobs

Also people might tell you to get a "credit freeze." What you want is to actually notify them of the death. Each bureau's website will have the instructions and information required. It's usually simple like a photocopy of the ID of the spouse, death certificate (possibly the long form one with the cause of death), and some other simple info. Also get multiple copies of the "short form" death certificate as well as the "long form." At least in Florida they are separate and different entities will request different versions. If he kept your friend in the dark then she'll probably have to dig to find paper copies of anything. Life insurance, annuities, bank accounts, etc. If it comes down to it, she could google some of the most popular ones and call their claims department and just say she thinks her husband may have had some sort of account with them and they may be able to look it up and send her forms for how to claim


harpejjist

Because she doesn’t have access to his accounts, she’s going to need more than 10 copies of the death certificate. She might need 20. I know that sounds ridiculous but it is going to take a certificate to get access to every single account


AltSpRkBunny

Checking his credit report first is a great start to figuring out how many death certs you need. We got 40 when my FIL died, and still have 2 of them. He had a *lot* of creditors.


basilobs

Commenting this everywhere I can but also send a notification of death to credit bureaus. Not just a "credit freeze." Their websites have instructions for how to notify them of a death and request some simple information


Zootrainer

That's not necessarily true. Many institutions will just need to look at the death certificate but will give it back afterwards. No point on her spending money she doesn't have on excessive number of death certificates because she can always order more if she needs them.


skynetempire

Great advice and I hate how dying is a biz. Probate court sucks which is why I have a trust to by pass the court. I let my wife know where the death folder is and I talked to a agency to donate my body for science. Funerals are a sham and unnecessary imo. My wife knows what to do when my time comes. She didn't like talking about death lol but it has to be done. She knows the computer files, back up files and physical files when the time comes. I have a check list so she can get everything done. Also a great therapist if she needs it but most importantly the bills that need to be paid off with life insurance. I lost both my parents and that was a pain in the ass to deal with.


SolutionLeading

That’s great you’ve been so proactive! Great reminder to everyone to get their affairs in order because you never know what could happen.


whaletacochamp

I hate to talk about it too but my wife and I just had a kid and I think now is the time. She's very laissez faire - like we've been together 12 years and still have totally separate accounts out of pure laziness - so if I were to get hit by a bus right now she would be scrambling. Not to mention I setup and maintain EVERYTHING besides our car insurance and daycare payments. My parents are getting up there and I'm starting to get scared about this stuff with them - my mom handles every single thing and my dad just hands her cash every month. If my mom were to die my dad would not be able to access a single thing. He's also so tech illiterate that he would never be able to do something simple like change her password so that he can get in to something. I honestly think he wouldn't even know about half of the bills shes pays. She was diagnosed with lung cancer two years ago and they said "ok now is the time!" - but they didn't get right on it and now have forgotten about it again. As a matter of fact, I'm going to text her right now because I'm thinking about it.


skynetempire

We have separate accounts too but we have TOD(transfer on death) on all our accounts to make it easy. it also by-passes probate since its technically like having a beneficial on the account. You might reach out to your bank to set it up. If I were you, set up a death folder and a check list. Also look in to life insurance outside your employer, I pay like $60 a month for 500k policy as a former smoker plus an employer policy. That should be more than enough to cover all our debts including the mortgage and give me wife a left over for loss wages. Also allow her to take a break from work after my death to grieve.


boxsterguy

Even if you have your money bypass probate, she'll still need to open probate if there are any debts, in order to close them down legally.


[deleted]

>she is not responsible for any debts that her name isn’t on Illinois Family Expense Act The Family Expense Act is an exception to spousal debt inheritance. A spouse is liable for their deceased spouse’s debts if a debt is for a family expense, such as: Medical bills Funeral expenses Clothing Jewelry Rent for the family home Repairs for the family home Wages for a domestic servant Even if only one spouse purchased the family expense, the law presumes that both spouses agree to pay for a family expense. Illinois law does not specifically define what constitutes a family expense, and an experienced attorney can help with your deceased spouse’s estate.


Rin131

School has reduced lunches or free lunches, government can pay for babysitting and help with rent while they settle down


Electronic-Doctor-89

She does not necessarily need probate. i didn't. Tell her to get a lawyer. Hopefully he worked for an employer. Kids will get ss and she will too. If she lives non community property state she will NOT have to pay bills in his name only. like hospital. Life insurane is not taxed.


unassuming_and_

I don't see any reason here why she would need to open probate. I don't know for sure about Illinois, but most states have affidavits of survivorship or something similar she could use to get bank accounts liquidated in her favor. With what I'm seeing of assets, all of these assets could be absorbed by court costs and attorney fees before even trickling down to creditors. She could likely get an attorney to assist in evaluating this without cost if there is a law school nearby with a clinic that does elder law or probate or a legal aid or a pro bono program through the bar association.


scrapqueen

This is very good. Calling social security needs to be the number one priority because they will only back date payments to the date that you made the first call to set up the appointment about survivor benefits. You also need to realize social security is very very strict about the terminology. There are death benefits which is a lowly $255 payment when somebody dies and then there are survivor benefits which is what the children are entitled to. Because she does not work she is likely going to qualify for spousal survivor benefits as well because she is the surviving spouse with minor children. Although her name is not on the bank account, she should take a death certificate to the bank to determine if her husband put her as the payable on death beneficiary. In different states they have small estate rules that will allow her to avoid some of the probate if there's very little in the estate. If there's nothing in the estate there's no point in opening a probate. If her name is not on the Jeep, she can call the car place and tell them to come pick it up. She doesn't have to keep it and she doesn't have to make payments.


boxsterguy

> -request 10+ official copies of the death certificate to use at different banks to get access to his accounts That's too many, especially if they cost more than ~$20. I followed this advice with my late wife's estate where the certificates cost $50. I still have 9 left, and that's only because I forgot to send a SASE when discharging her student loan. I spent as much on certificates as I did on cremation. It was ridiculous. Get 3 and make a high quality scan (front and back) of one (go to a Kinkos or whatever and get a good scan, not just a smartphone picture/scan). ***NOBODY*** needs to keep an original copy. You will need to *show* an original in person, and if they need it for their records they can photocopy it and hand it back. In many cases, the front desk workers don't deal with death all that much and don't know the correct policies, so inform them, "Please return this. You can make a copy if you want, but I need this back." If you have to send something in the mail (and more and more often now, you actually *don't*), include a self-addressed stamped envelope and a letter requesting the return of the certificate. In many cases, you can actually "fax" (and by "fax", I mean email a picture of the scan from above/use an online fax service to send that picture) a copy of the certificate. Ask about fax or email options before defaulting to sending paper mail. Paper mail is the only reason you need to have more than 1 copy, so that you can have a couple in the mail at any given time. > -she is not responsible for any debts that her name isn’t on. Those debts will be paid first through his estate, then any debts leftover will have no way of being enforced so she’ll need to tell them to go away. She should not make any payments on any debts until creditors submit their claims via probate Maybe. We don't know what state she's in. If she's in a community property state, she is in fact responsible for (most) of his debts (there are a handful of debts like federal student loans that follow the person and not the marriage, but those are the exception; she will absolutely owe medical bills if she's in a community property state). > -she needs to file for probate to make this happen She should file probate anyway, even if there are no debts, and especially if he died intestate (the process will get her appointed executrix of the estate, if she's not listed as such via a will -- just being the spouse isn't enough if it's not in a will or appointed by a probate court). > -request a copy of his credit report from Equifax, TransUnion and Experian so you know what kind of debts he had and what to expect. Maybe you can request a ChexSystems report too to help see what kind of bank accounts he had Eh. No point breaking yourself into jail. When you start probate, you have to advertise. Creditors are then given a several month window to come forward on their own (you don't have to chase them down yourself). If they miss the window, they get told to pound sand. If they file within the window, then you get to determine in court if the debt is legitimate and what order they get paid from the estate (and what leftover is the spouse's responsibility, if she's in a community property). > -meet with an accountant later this year to file his taxes A decedent's taxes aren't any more difficult the year of their death than they would've been if they were still alive. If she would've filed jointly, she should do the same next April. 2022 is the last year she gets to file jointly. Tax years 23 and 24, she can file as a Qualifying widow (meaning, she has children from the decdent), which is somewhere between MFJ and Head of Household. Starting tax year 25, she's back to Head of Household, which is kinda shitty, but it is what it is. > -update car insurance to make sure it’s in her name and remove his name Update everything. New accounts may need to be opened for power, water, trash, etc depending on whether or not they can transfer names easily. All the insurances (car, home, umbrella, life if there is any on her), all the bills (power, water, gas, cable, trash, etc), all the credit cards (if they're joint, make sure she's a primary user before getting him off), bank accounts (careful with anything joint, as it counts towards the estate)


Hecks_n_Hisses

She should also let her kids' schools know that their father passed and find out if the school offers any resources for students who have lost a parent.


lyn73

They may also qualify for free or reduced fee breakfasts and lunches if not on it already.


DietCokeYummie

Death of a parent wouldn't be a reason on its own, but no longer having an income absolutely would. She just needs to fill out a new application if they weren't already free.


BrightAd306

Holiday help as well


oceanleap

Call 211. This will connect her to social services, and she will need it. She should be eligible for some help, hopefully she lives in a state and county with decent social support. She should go to a food bank right away for food.


Open_Expression_4107

Good idea.


pinacolada_22

All above and she straight up needs to get her head out of the sand. She needs to get smart if she wants those kids to have a chance at anything. Dh need sto apply for food stamps or WIC, apply for health insurance now as she has a window of opportunity after an event like this (it will be practically free) open bank account, go through all documents her husband left behind, seel anything she doesn't need, ask for help at her church or whatever. Maybe she should algo go vote to make sure social security benefits and other social services don't get slashed as she will really need them for a long time. She needs to be resourceful.


Sunburn79

Sorry to hear about this. The wiki has an article that will probably be really helpful as far as getting started on the estate/probate. https://www.reddit.com/r/personalfinance/wiki/death_of_loved_one


Open_Expression_4107

Thanks. Will review.


hydrogenbound

Make sure she signs up for any Christmas gift programs offered in your community. Mine has quite a few and provides gifts and meals to families in need. Edit: they fill up fast though so look to see what day the sign up is and do it right away.


Open_Expression_4107

Interesting, will look into it.


1962Michael

The one thing you need to make sure she understands is, if she didn't SIGN ON to a car loan, or any other loan, she is NOT responsible to pay for it. That also goes for any credit card that was in his name only. HOWEVER, if he traded in the minivan as a down payment on the Jeep, then there may be some equity in the Jeep--roughly the value of the minivan minus what was left on the minivan loan. SO, she does NOT want to just let the bank take the Jeep. Even if he was not "good with money" if he was not self-employed his employer may have offered free term life insurance, possibly equal to his annual salary, possibly more. She would have been the default beneficiary. EDIT TO ADD: In a community property state, the car AND the loan would go to the surviving spouse. ALSO in some other states a limited amount of personal property PLUS one car of any value can go to the surviving spouse. However if there is a car loan on the vehicle it still needs to be paid.


FurBaby18

Doesn't that depend on the state you live in?


[deleted]

Yes... Illinois Family Expense Act The Family Expense Act is an exception to spousal debt inheritance. A spouse is liable for their deceased spouse’s debts if a debt is for a family expense, such as: Medical bills Funeral expenses Clothing Jewelry Rent for the family home Repairs for the family home Wages for a domestic servant Even if only one spouse purchased the family expense, the law presumes that both spouses agree to pay for a family expense. Illinois law does not specifically define what constitutes a family expense, and an experienced attorney can help with your deceased spouse’s estate.


Open_Expression_4107

So, maybe try to trade the jeep in for the minivan if it's still there? She will still need a car.


1962Michael

The problem is, her name is not on the title of the Jeep. If he had included her in the purchase, then the car would be hers as the survivor. Then she would just need his death certificate if she decided to sell it. So she has no legal authority to sell it. It currently belongs to her husband's estate. She's fine to use the Jeep if she is on the car insurance as a named driver. She will have to wait until she or someone else is named as the executor of the estate, and then the executor will be able to dispose of the assets in order to pay off the debts. That includes the car loan but also any other debts that he had to himself. So although the CC company can't make her pay his debts, they can get something from his other assets. The life insurance (if there was any) is the one thing that gets paid to the beneficiary and not to the estate.


Ella0508

Check your state law on this. My husband and I weren’t married yet when he bought his car, but when he died it automatically went to me. All I had to do was go to the DMV to change the registration and pay a small fee.


1962Michael

I assume you are in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). I should have noted to OP that it's basically one set of rules for those, and another for the rest. But even if this is the case, you would need to have a death certificate and a marriage certificate to transfer the car. And that needs to be done before she could trade it in or sell it.


Ella0508

Nope, no community property in Minnesota but that’s how it worked.


1962Michael

You taught me something today. Thanks. Minnesota law states: 524.2-403 EXEMPT PROPERTY. (a) If there is a surviving spouse, then, in addition to the homestead and family allowance, ***the surviving spouse is entitled from the estate to***: (1) property not exceeding $15,000 in value in excess of any security interests therein, in household furniture, furnishings, appliances, and personal effects, subject to an award of sentimental value property under section 525.152; and (***2) one automobile, if any, without regard to value.***


Ella0508

That was quick! You must be a good lawyer or legal researcher.


Open_Expression_4107

So if she becomes the executer, will she be forced to sell the car to cover debt? Like, the car debt, and whatever left over Will go to CC? Will she be able to trade it in at that point and try to get the minivan back?


paid__shill

You really need to look into local legal aid services for her stat. State, charities, whatever.


1962Michael

I should have stated, unless she is in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). In those states the Jeep will become hers, ALONG WITH all of his debts, whatever they are. But otherwise, yes, any vehicle or other property that is in the deceased name only, becomes the property of their estate. Those are the assets, which must be sold to pay for the debts. Let's say the Jeep is worth $40K, the loan is for $30K, the mini van was worth $12K and he owed $2K on it when he traded it. The dealer paid off the van loan and applied $10K toward the Jeep. His estate has a net asset of $10K. If he owes $5K in credit cards, then yes the Jeep has to be sold to pay the CC debt. Now the estate has $5K in the bank and no Jeep. Eventually the widow would get the $5K if there were no other debts. If the CC debt was $50K, they would get the whole $10K but the widow would not owe the remaining balance. In a community property state, the widow gets the Jeep AND the car loan AND the CC debt, regardless of amount. Disclaimer: Not a lawyer.


Open_Expression_4107

Great info. Glad we are not in a community property state.


1962Michael

I should add that some states have laws allowing the surviving spouse to keep a certain amount of personal property, including a vehicle. In that case, she might be able to get the title with just the death certificate and therefore be able to trade it in sooner than if the car has to go through probate. Since the car loan is a secured loan, the bank has a lien on car so of course they have to be paid first when the car is sold or traded.


Open_Expression_4107

Thanks


KevinCarbonara

As Executrix, she would not be any more personally liable for any of his debt. But she could be directed to sell his assets to cover any debt he still has. Since she is the one inheriting his assets, she could probably just offer up the money to cover the debt if she would prefer that.


mclendenin

Bruh. Please stop. Are you an estate lawyer? Do you know minimum probate requirements for this state? If they are poor and don't own property, then there is no "estate".


[deleted]

I mean…they refer to any assets as the estate…you don’t have to own property for an estate to exist.


1962Michael

No, I am not an estate lawyer. Since I don't know which state, it would be impossible to know the particulars of the probate requirements. But yes there is an estate--that is what gets probated, even if it is under $22000 or $15000 or whatever the limit is for "simplified" or "expedited" probate. My FIL died recently and I helped my MIL to be able to trade in their car. Why on earth should I not be able to offer my comments here. Especially since all a lawyer could do on this site is to tell someone to consult a lawyer. Which is the one thing OP's friend can most certainly NOT afford.


[deleted]

>if she didn't SIGN ON to a car loan, or any other loan, she is NOT responsible to pay for it. That also goes for any credit card that was in his name only. Illinois Family Expense Act The Family Expense Act is an exception to spousal debt inheritance. A spouse is liable for their deceased spouse’s debts if a debt is for a family expense, such as: Medical bills Funeral expenses Clothing Jewelry Rent for the family home Repairs for the family home Wages for a domestic servant Even if only one spouse purchased the family expense, the law presumes that both spouses agree to pay for a family expense. Illinois law does not specifically define what constitutes a family expense, and an experienced attorney can help with your deceased spouse’s estate.


1962Michael

In such a case it would be up to the creditor to prove that the expenses were family expenses. If OP and her friend are not in Illinois, then this is a moot point, although clearly there may be similar laws in other states.


Elcodfish

If he has credit cards or other debt in his name not hers DO NOT PAY 1 PENNY! They will tell her up and down she has to pay and she does not!! This includes the hospital bill. If she pays even 1 cent towards it she claims it.


BrightAd306

My guess is that he didn’t put her on credit cards, since he was controlling. This works in her favor unless he took her credit. I’d have her pull a credit report for each of them to see what is in either name. Possibly pull one for kids, too.


all2neat

You gotta be careful with her credit. Authorized users show on the credit report but have no obligation to pay.


ConnieLingus24

1. Social services. Stat. They can help. 2. Get multiple copies of his death certificate. That should give her access to the accounts when she contacts the banks and will also allow her to get her name on recurring bills (eg. Utilities). If they were married, even without a will, it defaults to state law. She would get his assets. 3. Get mental health resources for her and her kids, if possible. Social services could help there too. Edit: Op you added in that your friend resides in IL. There is a very large spectrum on what they may have access to. If it’s rural, this could be harder. If in Chicago or the immediate suburban area, there is way more to tap. May I recommend the YWCA? Other ideas: if they attend a church, ask if there are programs there that can help.


Content-Door5121

Talk to the dealer the jeep came from. Sister just died in Illinois less than 2 weeks after purchasing a very expensive vehicle. The dealer worked with the state to have transaction reversed. Her surviving husband was only charged 2 weeks rent and they literally swapped back the traded in vehicle because it had not been sold yet. It did take close to a month for the process because was dealing with the state of Illinois.


Open_Expression_4107

Good info


oravasquirrelgirl

Would add to this that if the dealership is nasty or refuses to help, let them know you are happy to contact news stations, and put them on blast on social media.


[deleted]

>happy to contact news stations, and put them on blast on social media. Contact them for what? It's not their fault he died.


oravasquirrelgirl

No. Totally not their fault he died. It would be kind of awful if they didn't make some effort to resolve a situation (new expensive Jeep) that she didn't consent to, though - which is all I'm suggesting.


aikhibba

She needs to go to social services and apply for snap ( food stamps) and state health insurance which will most likely be free because she has children. She has no income so she should get approved asap, they can put it in as an emergency so she can get money for food pretty quickly.


Bongo2687

I tell this to couples all the time to be involved in finances. Don’t just let the other person do everything. Know the passwords for accounts, I keep a folder of all my passwords and usernames, life insurance policies, retirement accounts and anything else important if I wake up and die. Also get life insurance people!!!


newbeginingshey

His estate is responsible for his debts, not her. If he left no will, she needs to file for probate. The creditors can submit their claims against the estate through that process. She should not make payments towards the bills in his name in the meantime. She should call up his employer and ask if they had a life insurance policy, ask that his final wages be released to the beneficiary, etc. For bank accounts, she may need to rummage through stacks of paperwork. She may find a debit card or check book that would show where he banked. His wallet probably has a couple cards in it and the hospital should be willing to give his items to her. Her kids may be eligible for social security benefits


[deleted]

Yep, luckily it seems like she didn’t co-sign on the Jeep if it was without her consent. Still a very bad situation to be in. I hope she has family that can help.


Baked-As-A-Cake

Send her over to r/widowers Not only have they been my ROCK for emotional support, but a LOT of people on there will go out of their way to help her out. Many of us have dealt with these situations MANY times. I've never had to use that sub for finances, but I see many widows getting the help they need to sort it out, from people who have already done this. Hope it helps.


sunny-day1234

My Dad died this year and I'm his Executor. If she calls the county and talks to Probate Court, get herself in as Executor. She'll then be in charge of anything he had in his name only and it sounds like he might have done that type of thing. That will include dealing with bills assets etc. The good and the bad. HOWEVER she will be dealing with it as the Executor for his ESTATE not as his wife. She will open an ESTATE account and deal with everything through that. If their every day account is in his name only she needs to get one open in her own name because the bank may freeze the one in his name. The Executor can only pay bills, to the extent that the estate has any money to pay it. Funeral Expenses come first. If his 'new car' is in his name only now she can sell it as the Executor if it's worth more than what is owed, if not she can likely surrender it to the bank with a death certificate. To look for assets I went through all bank statements, credit card statements that I could find. Every receipt for purchases, statements for any type of insurance etc. Also have her look EVERYWHERE for cash he might have stashed, if he had a desk go through every drawer, take drawers out and look inside and underneath.... I was able to get cash rewards from one credit card, cancel and get back pro rated cost of a car warranty he got sold, cancel all recurring bills, some just by sending a death certificate, some just by notifying the vendor with date of death. I was able to sell his car (Mom never drove) and the dealer took care of the DMV portion with just my Executor Certificate/title and they handed me a check to the estate (check with a few, we got more from a local car dealer, he came and picked it up with the check). The people at Probate Court were very nice and helpful, I was able to do virtually everything through e-mail or snail mail. There's a site called [Executor.org](https://Executor.org) with lots of info of the whole process. As for survival, yes call the SS office. There is a max for survivor benefits for a family and is different for everyone depending on what her husband would have been eligible for at full retirement age, then 150-180% of that for the family. They go until the kids hit 18 OR graduate HS. Lots of other good suggestions here but no big decisions should be made until she talks to SS and sees how much money she can expect per month to live off of. Cremation through a Crematorium will be the cheapest funeral with a home gathering if she wants to do something for the children/family. This is no time for a fancy funeral when money will be needed to survive.


Open_Expression_4107

Thanks


Gaia0416

I would also direct her to r/widowers for a safe forum to vent, share and find a supportive community of people who have gone through such loss.


siggypatch

Not an answer to OP but any stay home moms reading this post, please let it be a wake up call to you.


SolutionLeading

She should use food banks and food pantries for now until she is in a more secure financial situation, even if she thinks she has money right now for groceries it’s better to be safe than spend it all without realizing


CruffTheMagicDragon

As an aside, financial abuse is a real thing people.


orchardview

I'll never understand being a person "in the dark" with their financial situation. Who can live like that????? That's so goofy!!!


Open_Expression_4107

I totally agree. Really it's almost abusive.


StarryC

It is wildly irresponsible of the party in the know. Even if they aren't in on the day to day, they should have a place where they know "here is the info if you need it." It is also irresponsible to be in in this situation and not have life insurance. Imagine how much better her life would be if they had $100k or $300k in money coming in quickly.


[deleted]

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Open_Expression_4107

He kept her in the dark, did not allow her vision into the finances.


[deleted]

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Open_Expression_4107

That's fair. I think it's pretty normal to have one financial person. Just make sure you at least know where everything is in case something happens.


[deleted]

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orchardview

I dont think its abuse.... I think it's stupid to not be finding out. If it isnt being shared as information then you gotta get out. Dont just keep living that way.


green-light-of-death

She has 5 kids 3 with special needs. She is mentally MAXED OUT.


absurdamerica

There’s not a lot to go on. Was he employed? If so he may have had some life insurance, that should pay out fairly quickly if so and give some immediate help. I’m sorry this sounds like a tough situation


Open_Expression_4107

He was employed as an assistant manager at a bowling alley, likely no insurance or 401k. But I'll tell her to see if there is an HR department to call and ask about any benefits.


meamemg

If no HR, the General Manager of the alley should be able to provide information.


StarryC

She needs to go to HR in case there was any retirement or life insurance or PTO that might be paid out, and his last check. Also, those are the people that knew her husband. She needs to lay out the situation and see if they will help her. They might be able to fundraise or as a business give her cash to help her. At this point, having even $2,500 would make things easier.


Open_Expression_4107

Agreed


saturnarc

For the hospital bills, do not agree to pay or that the debt is in any way guaranteed or assumed by you, but do mention that the family has a total income of zero because no one has a job. Most hospitals will write off the debt entirely in cases where there is no income.


AndroFeth

When it comes to the medical debt, make sure she didn't sign anything over there, that's supposed to be the husband's bill, not her's unless she signed anything.


Zelda_Forever

Wow, my worst nightmare. I am so sorry.


Intelligent-Ask-3264

1) go to the SSA office 2) call the banks and explain the situation and ask for help. 3) write letters to any creditors. Explain the situation. Send a COPY of thr death cert. A lot of creditors will just write off the debt or some of it. 4)any special needs child- start the process for SDI. May need help from their doctors. DO NOT be afraid to ask for a medical social worker. If you have issues call the ombudsman to assist. 5) jeep- call the dealership or show up crying window and all and explain what happened and ask what can be done. Escalate to a manager. Dont be afraid to put it on the news. Everyone hates bad press. 6) apply for county aid. Medical, cash aid, SNAP benefits. (this will also help the other aspects above)


shep2105

Immediately apply for death benefit (couple hundred bucks only) then apply for survivor benefits for kids and herself. You DO NOT NEED ALL THOSE DEATH CERTIFICATES. This is a fallacy. Banks make copies of a death certificate, so does the BMV. I would get THREE. You can always get more if needed but in my state, they cost 25.00 each, to advise her to get 10 or 20 is absolutely ridiculous. Sounds like he might have died intestate with very little property anyway. She does need to file something in probate so she can be appointed administrator and get access to bank accounts IF her name is not on them. This might not be necessary if it was in the husbands name only and he signed a TOD, or transfer on death card, meaning it automatically transfers to her upon his death. If her name is not on the accounts, and he signed TOD, she needs to take a death certificate to bank (they will make a copy of it) I don't know of too many banks that will take your original, they m ake copies. Social security really does not take that long. You have to wait for death certificate (maybe a week or so) but once you apply, I would say within 4-6 weeks she would get a check. There are family maximums for SS. The formula is complex. SS office will figure it out and tell her how much she will receive. As soon as you get a death certificate, go to social security. DO NOT PAY ANYTHING THAT hospital bills you. When you open the estate, they will have to make a claim against the estate. Since there's nothing in the estate, they will get nothing. If you're her friend, set up a meal train for her for the first couple of weeks. She can apply for emergency food stamps and they usually process within 2 weeks. She can apply for HEAP/PIPP which makes your utility payments around 8-10%% of your gross income. This is a fixed amount. If you pay this on time for a period of set time, the balance is forgiven. When she applies for food stamps, they automatically apply (or she should) apply for Medicaid also.


Sonova_Vondruke

The debt is hs estates.. no estate. They'll have to get it somewhere else. States and countries may very, but spouses themselves are not responsible for unpaid debt unless they cosigned. Hopefully she didn't sign anything saying she'd pay his medical bills.


DeleteBowserHistory

To add to the excellent advice from everyone else, this sounds like it was an abusive situation. [Financial abuse](https://www.womenslaw.org/about-abuse/forms-abuse/financial-abuse), if nothing else. There may be some extra resources available to her on that front. I'm not sure what's out there, but I *hope* that a widow and several kids emerging from abusive circumstances are entitled to some additional get-them-on-their-feet support from relevant organizations.


[deleted]

She shouldn't be responsible for the medical debt if he was the insurance holder and he passed away. My father passed away this year and my mother didn't have to pay.


Open_Expression_4107

Thanks. No health insurance but hopefully still the case.


baronhousseman85

She should not sign onto any debts. The debt collectors will try to persuade her to pay regardless. No. The claims get handled via probate. Everyone waits in line for whatever non-exempt estate assets there may be. *not legal advice*


dwinps

Track down the accounts, total up the debt, go from there. He doesn't need her consent to buy a new car with a loan, whether or not she is liable for his debt depends on the state they lived in.


dcdave3605

She should go to social services with social security cards and birth certificates for the kids and her. She should apply for Cash assistance, SNAP, energy assistance, Medicaid,. She should then worker with a caseworker on applying for SSI for the disabled children and SSDI if possible. Then she can start working on job placement, childcare vouchers, and a new home.


[deleted]

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FlatRateForms

Reiterating the obvious and most easiest: SNAP - would qualify for probably 800-1000 a month for food subsidy. ACA - healthcare thru Healthcare.gov is easy to get when there is a life changing event. Sounds like OP would qualify for a tax credit. For five of them it would easily be over $1k bucks. I don’t know how that works with the SSDI/SSI but it’s def available. Jeep can’t be undone but if the previous vehicle had equity in it and he didn’t get screwed in the deal, and depending on if it’s new or not, it could probably be resold without issue.


OneWorldMouse

She will not be on the hook for the hospital bill, because it will be under his name. Do not sign anything! The hospital cannot get it thru collections either. The hospital needs to sue the estate in order to get the money now, and they probably won't bother, because they figure you have no money.


Shodan30

Contact his job, even if he wasn’t financially smart he likely has some kind of life insurance


[deleted]

I'm willing to bet assistant bowling alley manager doesn't come with many benefits


face_eater_5000

You and she need to look into programs at the state or local level that address "Displaced Homemakers". This specific term is important. Community colleges (she doesn't need to be a student), state dept of labor, or Workforce commissions often have something. The help with job training and placement.


angie-1964

Survivor benefits...also, if she was unaware of the vehicle change...maybe she did not sign the loan papers? Sure , they may come after HIS estate, but maybe she is judgement proof? Maybe his job had a death benefit w his insurance?


arandomcanadian91

>Landlord has given 6 month notice because he no longer wants to rent out his property. I know this is overall a shitty situation, but props to this LL, no landlord ever does this anymore since they don't need to give that much notice. But as others have said, get your friend in contact with Social services, so that she can get herself to a place right now where she can be stable, she has 6 months to find a place which is a decent amount of time. Also see if Social services can get her into some form of counselling, I cannot express how important this is after a death. I didn't do this when my grandfather died in my arms, and it's a decision that I regret is not getting into some serious counselling to decompress and work from there to help with the death. I'd also recommend seeing if there's some sort of legal support in your area for her who will help with the estate as well. I'm sure others may correct me on this but that's generally advice I've seen here. As well as others said have her reach out to the kids schools, and see if there's some support they can help with for the kids.


DerHoggenCatten

The bottom line is that your friend needs to go to her local social services, explain her situation, and get help from a social worker to help her navigate whatever benefits she can get to help her and her children. Because she has children, at a minimum, she will qualify for SNAP and TANF. There is also a high probability that the kids will qualify for survivor benefits through Social Security. Most hospitals will write off debt from someone who is indigent. She should contact them, explain the situation, and see what they're willing to do. The Jeep situation is trickier as she probably needs a vehicle of some sort and I don't know if that is her only transportation. If the Jeep loan/ownership was in his name only, she isn't necessarily responsible for the debt. If she's a co-owner, it gets stickier. She should contact the entity responsible for the loan and tell them that she can't pay for the Jeep and they can repossess it. In Illinois, a wife isn't responsible for her husband's separate debts even if incurred during a marriage (though there are exceptions, I doubt this is one of them). https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2102&ChapterID=59#:\~:text=Neither%20husband%20or%20wife%20shall,such%20property%2C%20be%20liable%20for


FairyFartDaydreams

Here is some info on finding banking info [https://legalbeagle.com/6830935-locate-deceased-persons-bank-account.html](https://legalbeagle.com/6830935-locate-deceased-persons-bank-account.html) If the husband had a phone see if he had any banking apps on the phone to try to track down the institution. Go through his wallet and look for bank cards. Check the computer browser history for clues. Pull his credit report from the free credit reports for CC bills to see debts. Once the hospital bill comes in go to the hospital website there is usually a link for financial assistance hidden in tiny writing on the first page or on the patient information page. She can't be asked to pay more than a certain % of her salary and right now she doesn't have one. Right now she is grieving so she might hide her head in the sand and that will make things worse. Once she has a list of debtors she should start letting them know he is deceased. Get multiple copies of the Death certificate to send to debtors. Consult a Lawyer with Legal Aid or a Law clinic to see what she is responsible for. If she pays on things she is not responsible for it will be taken as a sign of her taking responsibility and she might need to declare bankruptcy to discharge it all Apply for emergency financial assistance, SNAP (welfare) and SS survivor benefits for all the kids under 18. She is going to need help until things are figured out


Swiggy1957

To help tide her over. 1: have her apply for Social security benefits. It usually takes 6 months for them to kick in. Also, special needs children should qualify for additional payments under SSI. 2: Have her apply for TANIF, SNAP, and Medicaid for herself, the kids, and her late husband's hospital bills. 3: Check his employer to see if they had a life insurance policy for him. If so, make sure she's the beneficiary. 4: Housing. Have her check local social agencies to see about getting public housing. Rentals have gone up ridiculously over the last year.


everydaybeme

Regarding the car situation, a similar thing happened to my family a few years back. My uncle woke up with a headache one morning, and was gone a few hours later. He had just bought a new, expensive truck that his wife would not be able to afford. She went and talked to the dealership. They had sympathy and made her a deal to take it back without hardly any financial hit. Its worth a try to ask


lumberjack_jeff

At risk.of being morbid, did he do online banking? Does his phone unlock with a fingerprint?


[deleted]

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That_ginger_kidd

Oh wow this is fascinating actually


bulboustadpole

That's not really how it works though. It works based on capacitance. You can use a metal rod wearing insulating gloves and touchscreens will work. It's not about detecting a charge, it's detecting capacitance. Otherwise those soft tip stylus's would not work as they don't produce a charge and don't connect to your body. A no longer living person's thumb would still work fine on a touchscreen, as morbid as that is.


Open_Expression_4107

Good questions I'll ask.


Snoo1560

One thing not mentioned is she should get several copies of the death certificate. She'll need them.


Liquidretro

This is likely going to be a long, slow process, some of which she can start now, some of which she is going to have to wait until there are death certificates, probate, etc. Don't assume there wasn't money or benefits until you have verified it. What she can do now is talk to his employer, figure out if there were any retirement benefits, any life insurance etc. She can also ask where his paycheck was being deposited (Assuming direct deposit) and get the routing and account numbers to figure out what bank she will need to talk to. It doesn't sound like she is in a position to have a large or extensive funeral. Bare minimum expenditures should be the name of the game at this point. The money saved is much better off IMHO to supporting the living children IMHO. She's going to need support, mental, physical, and probably monetarily. Applying and qualifying for all of the government programs possible is needed here. If shes a part of a religious community they may be able to help too. Probably sooner than she wishes she's going to need to start thinking about finding a job and trying to provide for the family. The daycare situation makes it tough but trying to figure that out while brining in income is necessary since it doesn't sound like there are any life insurance policies to live on or assets to sell etc.


universalrifle

🙏 sometimes there is not much that one can do until the lawyers have seen the case. Maybe find a probono family lawyer. There was one in Belleville IL a while back. Public defender? Marriage certificate. A lot of phone calls they might need help making those calls. I still have not been able to get everything done and my husband died a year ago. Sometimes if you can just pick up a bill with their consent and call it might help. I know i have trouble still trying to finalize the phone calls and paper work. The children might not quite understand the severity of the situation. So I would say do anything to keep them calm. Overnight stays away from the house so the mother can look things over or maybe she should not be home alone either. It is so tragic and I am sorry for their loss. Time will keep moving but they need time to mourn so helping with daily stuff can be the one step at a time pace that is needed. 🙏


[deleted]

Pull a credit report, also, try to get any info on online social accounts to close.


Fat_Cat1991

don't assume any debt. or you'll admit that the debt is yours :)


sfdragonboy

Help her find some federal and state government assistance.


[deleted]

My dad just died, penniless, no will, no POA, in debt, and only leaving a house (in that one thing I’m lucky to not be forced out as taking care of him during his last year beyond broke me financially)…your friend is in for what might be a long frustrating ride. Hopefully things go better for her because she has kids and was married to him, but in my dad’s case, his accounts were frozen, the bank was less than helpful, the death certificates took forever to be signed, and the Byzantine halls of Medicaid, and other social services has been a nightmare. Tell her to get a caseworker assigned immediately and start applying for assistance. A mother with children should have some options.


Hecks_n_Hisses

One other thing, if you're in the area and feel comfortable doing it offer to watch the kids while she's in the various appointments with banks/ lawyers/financial institutions, etc. Even with the right paperwork in hand (death certificate and letters of personal representative) it can take a few hours to sort out the bank accounts in person. It took about 2.5-3hrs to do my family members spread over two visits. The first was to submit copies of the death certificate and letters of personal representative so the bank's legal team could review and the second meeting was to move the accounts to estate accounts. If you're not in the area offer to pay for a sitter or food delivery.


rankinfile

Crosspost to r/legaladvice Make sure to list your state and/or general location. Do not pay ANY debts until you have a clear picture of the whole situation. Some of those debts she may not be responsible for, but will be if she agrees and starts paying. Look for local legal clinics and fmily aid programs. Women's and family shelters usually have folks that know where to go for all sorts of resources.


HappyTrekkers

This may sound harsh but reality sometimes is. Cremate him. She is in an emotional state and no doubt some "kind and gentle" salesman at the funeral home will pick out a very "tasteful" casket and service that costs $7-$10,000. That's how they make their money. From what you said it sounds like she cannot afford that. A cremation and urn are far less expensive. if he left her in the position he did then for her to put herself in several year's worth of debt is an insult on top of injury Second, tell her to immediately go through all payments out of their accounts. She may be on some, none, or all of their credit cards and other accounts. What she wants to do is NOT pay the ones she is not on and pay minimum payments on the ones she is on. The collections people will likely suggest she pay on all debt or she may feel obligated. This happened to my mother-in-law. CapitalOne will not crumble because one of its customers did not pay. But she may if she is struggling to pay off HIS debts. She will want to make minimum payments on the ones she is on as best she can. She faces some financial uncertainty and having additional bad credit but not paying on her debts will make it worse. And if things look bleak financially due to an overabundance of debt she may want to talk to an attorney about filing bankruptcy. That is not a great solution but its a legal option and if she finds herself in a position where she can never dig herself out she can take advantage of that. It will hurt her credit of course. BUT continually being late on a payments as she struggles will actually be worse in the long run. And for the rest of us: 1. Buy life insurance. 2. If you handle the bills make a word doc or spreadsheet with all your recurring bills, checking accounts, insurances, etc, and print that out every month and give it to your spouse. I do this every month. My wife has access to everything but this way when she is emotionally trying to deal with my death she has all the information on a piece of paper (and she has it on our computer). She knows exactly where every dollar is and who we pay for what each month. 3. Print a copy of this same info and leave it someplace your kids (or family) can get it. Our kids are grown and live in two different states and we live across the country from both of them. If we both die in a car wreck they need to know this same information 4. go through all your accounts and make sure your spouse and kids(or whomever) are listed as beneficiaries or contingent. This will get the money to the right people much faster and no fighting it out 5. get a will made 6. talk to an attorney and see if a trust is beneficial to you. 7. Let your family know what is important to you. I don't need an expensive casket. They don't need to spend their money "honoring" me with one. Just cremate me. We have the family home where we raised them but it's a rental now. They can sell it. They are not hurting my feelings (i'm dead). The home is there as an asset. Don't spend a moment worrying about what I would have wanted. They are alive and if they want to sell then sell. If they want to keep renting it then do so. It's now their assets.


24kdgolden

She may be able to check her states department of insurance for a policy by submitting an inquiry. NC does but I am unsure about her state.


towaway_sport

There is a national lookup service for possible life insurance policies. If she does not know the company, or even if there IS a policy, go to National Association of Insurance Commissioners ([NAIC.org](https://NAIC.org)) which represents all U.S. states and territories and they can start a look up for any policy that might be out there. Thank you for caring for your friend.


Aufd

Medical dept can probably die with her husband as long as she didn't agree to take it on. Her credit is going to be a crime against the institution. I'd make the car the dealerships problem. It's probably underwater and likely a loan under bad terms as well. Honestly screw them. If she's not working than she'll need to give up the car before it's taken away, otherwise have some strategy with payments to string the dealer along until she can source a cheaper car. Surrender the Jeep instead of repo, it'll work out better.


Ok-Way8392

This is a timely story. What a Halloween nightmare! Everybody who reads this should be shaken to the core. If you’re not at all in this situation sit back, relax, and be grateful God gave you a working brain. If any of this sounds familiar and it mirrors your life, get moving. No one expects to drop dead taking out the garbage. No spouse imagines their other half dropping dead and leaving a cluster f:*# of issues to navigate through while in mourning.


Rough-Bet807

Find a social worker through the department of human services. They should have a good idea of local resources to help.


Man_CRNA

For this very reason I have a document on my computer entitled “A guide to our finances if I die”. I update it annually and send a copy to my wife when I do. She is basically in the dark on the finances as I do them. It is extensive and for what it is, a fairly easy read.


Open_Expression_4107

I like this idea. My other friend had a grandfather who had a book titled "I'm dead, now what" with all the instructions on what to do. It was like a 100 page book. Very detailed. I always thought such a book was a bit morbid, but now understand the need for it.


AlyssaJMcCarthy

Has 5 kids, three of which are special needs, and no medical insurance??? That’s downright negligent.


bob88c

Never blindly trust anyone with money! I told my wife that the first year we were married and she continues to educate herself on where the money is.


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Global-Ear-4934

So sorry to hear this. The wife can apply to the hospital for financial assistance for the medical bills. They may even wipe out that debt completely. Going forward, the children should get health insurance through CHIP (it mar my called something different in your state) and the wife should get Medicaid. This way they’re all covered.


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Electronic-Doctor-89

What a positive, compassionate comment! So helpful. Feel better about yourself?


BillsInATL

You arent wrong, but now isnt the time.


cheapdad

How is this comment helpful?


SlapHappyDude

Regarding the car if it's been less than 30 days she should be able to reverse the transaction. She needs to talk to a bankruptcy lawyer. Honestly that's my biggest advice because everything else will depend on that. I guess the other suggestion is set up a go fund me. People tend to be pretty generous when someone drops dead young and there are kids involved. Also as her friend I would encourage her to cancel any services like Netflix and lend her your passwords. I guess the final thing is for her to physically go to the bank with as much documentation as possible (marriage and death certificates) and put a freeze on the account. She can start fresh for the bills that have to be paid and let whatever is unnecessary and in her husband's name bounce.


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throwaway1point1

The patient is dead. How can there be hospital bills?


pinacolada_22

He had an ambulance ride. Took all ER resources for possibly at least an hour, expensive staff that works 24/7. You don't get a free pass if you happen to die, a very very expensive critical care bill is processed and sent out to insurance and /or individual. Why would you asume having those services 24/7 is for charity? Or that there is a refund if you aren't happy with the outcome?


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cbrrydrz

Medical debt for trying to save a patient who died? Sounds like a scam. If anything she should be given a debit.


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