Are there any legal documents that will allow a surviving spouse to conduct business under her deceased spouse's name?

None that I’m aware of. Once a person is deceased, anything remaining in their name would get closed out with their estate. If someone was inheriting their property, the person inheriting their property would have to get the property put into their name within a certain time frame (though I don’t know what that time frame is).

Usually if a mortgage is written under both names and the title was put under joint tenants with right of survivorship the mortage and the title for the home would then revert to the surviving spouse which in this case is the wife. But its all in how the title was written when filed.

Taking someone else’s identity is fraud, isn’t it? So I don’t know why ayone would want to be in that position. I mean how could there be a document that would allow people to do that?

I am not sure what you really need here. Most states in the US will give the house to the surviving spouse, legal paperwork does need to be done, if she lives in the dwelling even if her name is not on the Deed. A new deed will be given to her in her name. Depending on the state, children, if there are any children, might have a right to a percentage of the property. They will have to sign their right away or be bought out in that case.

I think it depends on state laws as well, for instance, in Alaska, everything automatically goes to the person’s spouse unless a will is written stating otherwise.
If you have the money I would hire an attorney to help navigate the waters on this.
You can’t conduct business under his name, because he’s not alive.
You CAN switch things over to your name, and carry on from there.

You need to consult an attorney.

This is one of the reasons legal marriage is important, it automatically protects spouses even in cases where their names are not on documents.

The mortgage and the deed are two different things. Usually the mortgage holder has a lien on the deed to cover non-payment, but in case of a death, continuing to make the payments does not automatically make you the owner of the house. A lot of people mistake making mortgage payments with owning a house – the mortgage is a loan of money, NOT an ownership document.

The laws governing inheritance determine who becomes the ultimate owner of the house. You need a lawyer to let you know what is the best course of action.

@YARNLADY is correct that the mortgage is completely separate than the name on the deed, unless they happen to be the same. The question is confusing.

The person needs a probate lawyer, and it will be sorted quickly if there is no one else to lay claim to the estate.

Side note: Most likely anyone can pay the mortgage to keep everything in good standing while you sort out the legal stuff.

@JLeslie Side note: I believe that is correct, anyone who wants to can make the payments on the house, but that doesn’t automatically give them any ownership rights.

@YARNLADY Yes of course. It’s good you mentioned it, because there is no point in paying if the property is not likely to go to the spouse in question. But, I cannot imagine she will not be given the property barring anything irregular we are not aware of.

When my parents died, everything they owned went into an Estate account, to be distributed by the executor (me), and all business was done in the name of The Estate of E & C (name).

When my dad died, my mother took over paying the bills. No one questioned it. When my mother died, I took over paying their bills and no one complained/

So, what is the difference?

@john65pennington The only real difference comes up when someone other than the legal owner wants to sell an asset. As long as there is no reason to be concerned no one complained it does not matter.

It only matters when some one does complain.