Reply to Husband is dying - no life insurance or savings, I’m a SAHM

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]This is OP. We are separated. Does it make sense to go ahead and get divorced? Could that save me financially? That was actually my plan until his most recent hospitalization and then I felt guilty divorcing somebody who is dying. [/quote]

i don't think it makes sense. if he doesn't have a will and won't make one, intestate is much easier if there is a spouse. also you'd lose 250k of the gains exclusion on the house.

the credit card debt and any medical bills  are unsecured and fall behind all other creditors to his estate.

mortgage and heloc: follow the house. are you on the title? if you are not on the title you definitely do not want to divorce.

car debt: secured by cars.

estate debt precedence:

family, homestead, default allowances: $64000 in assets to spouse/family
funeral costs
administrative costs
debts.

anything that is TOD/beneficiary transfers to you outside of probate. there's some chance that they'd try to come after funds from the life insurance but the ($55k?) in credit card debt can be legally told to pound sand. do not make any payments or talk to anyone about those accounts.

you'll need about 5-10 death certificates.

each child should receive social security survivors benefits until they turn 18 or graduate high school. each child should receive monthly payments of about 60% of what his social security benefit would be. as a spouse you'll receive a $255 one time payment. it'll take a few months to get it set up but the payments will be retroactive to death. [/quote]

Call the social security office the day he dies.  A friend whose husband died told me that the social security benefits begin the day the death is reported to them, not the date of the actual death.  Not many people are thinking of calling the social security office when they're facing the death of a partner, but you loose money if you don't.  Sending hugs and good wishes to you and your family.[/quote]

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