Surviving Spouse Plan

I’m so sorry for your loss. Here’s what matters now.

After a spouse dies, there are accounts to retitle, a trust that may need to be divided, and a federal return that can preserve your spouse’s unused exemption for you. Then your own plan needs updating. We handle it with care.

Call (844) 544-PLAN to schedule

The short answer

The federal estate tax return that carries your spouse’s unused exemption to you is due 9 months after death, even when no tax is owed. Don’t miss it.

Do this first

✓Order certified death certificates

✓Find the will, trust, and account statements

✓Do not retitle or cash out accounts until we talk

What happens without a plan

What can go wrong after a spouse dies

The unused exemption

Without a plan

If the federal return is not filed, your spouse’s unused exemption is lost.

With the Surviving Spouse Plan

We file it and preserve the exemption.

A trust that must be divided

Without a plan

Credit shelter or marital trust provisions may require the trust to be split.

With the Surviving Spouse Plan

We divide the trust and retitle the assets.

Your own plan

Without a plan

Your documents may still name your spouse as agent, heir, and trustee.

With the Surviving Spouse Plan

We update your plan for your new circumstances.

What the plan includes

How we help

Estate or trust administration

Probate, succession, or trust settlement as needed.

Portability election

The federal return that preserves the unused exemption.

Trust division

Family trust and marital trust set up and funded.

Retitling assets

Home, accounts, and vehicles moved to you or the trusts.

Your updated plan

New will or trust, powers of attorney, and directives.

Beneficiary updates

Every account and policy updated.

Questions

Common questions

Every family is different. A 15-minute call with a licensed attorney answers the rest.

MississippiMississippi Probate Guide→ LouisianaLouisiana Succession Guide→ Washington, D.C.District of Columbia Probate Guide→

Do I have to file an estate tax return if no tax is owed?

Not always, but filing is how you keep your spouse’s unused exemption. We recommend it in most cases.

Does everything go to me automatically?

It depends on the will, the trust, how property was titled, and your state’s law.

Can I stay in our home?

In most cases, yes. We confirm title and homestead rules for your state.

When should I update my own plan?

As soon as the estate is under way. Your old documents likely name your spouse.

We’ll handle the details with care.

In 15 minutes, a licensed attorney will tell you what your family needs and quote the flat fee in writing.

Call to schedule