Spouse died without a will

[fgs]

What is the name of your state? AL
My spouse recently died without a will. The house we lived in, the cars, and most of the bank accounts (except 401K, IRA, checking, and company stock) were joint with rights of survivorship. I presume these joint accounts automatically go to surviving spouse without court intervention. Correct? Is death certificate only thing I need to have spouse's name removed from these accounts? As the surviving spouse, I also have the Durable Power of Attorney. I am still paying bills that were in the spouse's name only. What do I need to do now? Is it necessary to be named administrator by court and go through probate? I am listed as only beneficiary on 401K and IRA. Thank you for any help.

 

[seniorjudge]

Q: I presume these joint accounts automatically go to surviving spouse without court intervention. Correct?

A: Yes.


Q: Is death certificate only thing I need to have spouse's name removed from these accounts?

A: Probably yes, but ask the people where the accounts are what they need.


Q: As the surviving spouse, I also have the Durable Power of Attorney.

A: This died with the spouse.


Q: I am still paying bills that were in the spouse's name only. What do I need to do now?

A: Is Alabama a community property state?


Q: Is it necessary to be named administrator by court and go through probate?

A: If your spouse had assets that were not jointly held, then you need to go through probate.



Intestate succession is the how the property goes when there is no will.

http://www.finance.cch.com/pops/c50s10d190_AL.asp

 

[fgs]

Thank you so much for your response.

With regards to the 401k and IRA which is listed in my spouse's name only with me as only beneficiary, can they be liquidated/converted now to help pay bills or do they need to go through a court process?

Alabama is NOT a community property state. Does this matter in regards to any of the bills that were in spouse's name only? I have been paying them from spouse's checking account as was done before death (I transfer money into spouse's checking from my own) and used Durable Power of Attorney as my authority to allow me to pay spouse's bills from spouse's account (I did take note of your previous response to the POA). I did not want to pay from my account since my name is not listed on any of these bills. Comments?

The items which are titled in spouse's name only (a bike, company stock) which do not list my name are valued at under $50K. I believe on the company records I am listed as the beneficiary of the stock account, but my name does not appear on the face of the certificate. My state's DMV has a form that can be filled out for title transfers of vehicles where the owner died intestate. How this works, I am not yet sure. Do I still need administrator status and probate for property valued at this amount? Again, thanks very much for any help.

 

[seniorjudge]

Q: With regards to the 401k and IRA which is listed in my spouse's name only with me as only beneficiary, can they be liquidated/converted now to help pay bills or do they need to go through a court process?

A: It is the property of the beneficiary now; the beneficiary can do anything with the money that he or she wishes.


Q: Alabama is NOT a community property state. Does this matter in regards to any of the bills that were in spouse's name only?

A: Yes; you should not be responsible for bills that are solely in your spouse's name.


Q: I have been paying them from spouse's checking account as was done before death (I transfer money into spouse's checking from my own) and used Durable Power of Attorney as my authority to allow me to pay spouse's bills from spouse's account (I did take note of your previous response to the POA). I did not want to pay from my account since my name is not listed on any of these bills. Comments?

A: It's up to you if you want to keep paying these or not; you are not responsible for them but you have no authority to write any checks off her account under her name using the POA.


Q: The items which are titled in spouse's name only (a bike, company stock) which do not list my name are valued at under $50K. I believe on the company records I am listed as the beneficiary of the stock account, but my name does not appear on the face of the certificate. My state's DMV has a form that can be filled out for title transfers of vehicles where the owner died intestate. How this works, I am not yet sure. Do I still need administrator status and probate for property valued at this amount? Again, thanks very much for any help.

A: You will need probate only for assets wholly in your spouse's name that cannot otherwise be transferred outside of probate.