What Happens When an NRI Loses a Spouse Without a Will in the US? Sahithi's Emotional Journey
Sahithi lost her husband suddenly in December 2022 while on H1B visa with a 1-year-old and 8-year-old. Learn about the probate process, survivor benefits, H1B challenges, and her emotional decision to return to India.
What Happens When an NRI Loses a Spouse Without a Will in the US? Sahithi's Emotional Journey
Sahithi lost her husband suddenly on December 5th, 2022, while on H1B visa with a 1-year-old and an 8-year-old. This is her emotional journey through probate, survivor benefits, H1B challenges, and the decision to return to India as a single mother.
⚠️ Critical Message for All NRI Families
This story contains important lessons about estate planning that every NRI family should know. The absence of a will led to a year-long probate process, significant legal costs, and immense emotional stress during an already devastating time. Please create a living trust immediately, even if you have just one asset.
Key Takeaways from Sahithi's Journey
- Lost husband on December 5th, 2022 - had to decide when to take off life support
- On H1B visa with two young kids (1-year-old US citizen, 8-year-old on H4)
- No will meant going through probate - took one full year and significant costs
- Survivor benefits available for children from Social Security contributions
- H1B constraints: Cannot take a break, must be employed for health insurance
- Employer was not supportive, expected 100% productivity despite situation
- Sent younger daughter to India - she thrived with grandparents
- Eventually decided to return to India for family support and children's wellbeing
💔 The Tragedy: December 5th, 2022
Life changed forever for Sahithi on December 5th, 2022. That moment and that particular week were the hardest of her life.
The Hardest Decision
"The hardest part was doctors calling me regularly to ask when should they take off the life support. I can't express it, but it is like - I have two young kids, literally my youngest was one year old - but I have to take a decision of whether to... literally to put it in simple words, I have to decide when I have to kill my husband."
Sahithi couldn't make that decision herself. She handed it over to her husband's brother-in-law and family. The process got delayed because her husband had registered for organ donation - a decision he had made knowing this could happen.
The process took until around December 15th. His friends were there next to him when they were pulling off the life support.
The Dark Thoughts
Sahithi shares something brutally honest about those early days:
"Even before December 5th, all four of us decided - why not just commit suicide? This could be brutal, but that's the truth. We thought about that. But after a while, we thought - it's okay, we are in deep stress now, let's take it easy. But things did not turn out. I did not get a chance to think back again with him. It's just me and my two kids."
🤝 Immediate Aftermath: Community Support
In the immediate aftermath, Sahithi was surrounded by support - but also overwhelmed.
The Support System
- Parents: Came from India immediately
- Relatives and friends: Constant visitors
- Neighbors: Full support from the community
- Husband's friends: Visited constantly, helped with kids
- Cousins: Helped with financial organization
But this constant activity meant Sahithi didn't get time to process what was actually happening in her life.
The Crucial Cousin
One younger cousin stepped up in a way Sahithi never expected:
This cousin helped set up a solid financial foundation for her future, especially for her kids' future.
Husband's Employer Support
Sahithi is highly thankful to her husband's employer:
Going Above and Beyond
"I don't know if any other employer would be like that. They were supporting 100%. They went on and above to support me in every way possible."
The employer helped with H4 transfer, stock options, and even arranged a GoFundMe through her husband's manager and reports.
📋 Visa Challenges: H1B and H4 Complications
The visa situation added another layer of complexity to an already devastating situation.
Family Visa Status
| Family Member | Visa Status | Situation |
|---|---|---|
| Sahithi | H1B | Working for a startup |
| Husband (deceased) | H1B | Had started extension process before passing |
| Elder daughter | H4 | Was dependent on father's H1B, needed transfer |
| Younger daughter | US Citizen | No visa concerns |
The H4 Transfer
The first urgent task was transferring the elder daughter's H4 from her father's H1B to Sahithi's H1B. Her husband's employer helped with this process.
Timing Was Critical
Before his passing, Sahithi's husband had already started his H1B extension. During that time, the H4 was also being extended. This case of H4 transfer was raised immediately after his passing because it could be a problem during stamping.
🗽 Green Card Attempts: The Priority Date Issue
Sahithi's husband had been worried about Green Card, especially for their elder daughter who had become so American - she didn't know anything about India.
The Priority Date Situation
Priority Dates
- Husband's priority date: 2016 or 2017
- Sahithi's priority date: 2021 (raised in 2020, essentially useless due to India backlog)
In her fresh grief, Sahithi tried everything to make her husband's dream come true for their elder daughter:
Attempts Made
- Reached out to local council members/representatives
- Contacted congressman through online portal
- Family connections with representatives in Bay Area
- Explored EB-5 investment visa option
The Disappointing Response
The only positive outcome: They found that the husband's priority date could be kept active forever through his employer, so the family could potentially use it whenever it becomes current.
💼 Work Challenges: H1B Constraints
Being on H1B created unique challenges that compounded Sahithi's grief.
The H1B Trap
"You cannot take a break while you are on H1B. You have to be associated with some employer. And if you want to have health insurance - like I have two young kids - I have to have health insurance for them to have proper healthcare."
Employer Expectations
Sahithi's employer (a startup) was supportive through 2022 when she was on and off work, including maternity leave. They gave her time off until mid-January 2023. But then:
The Pressure
- Expected 100% productivity after January 2023
- Constant complaints: "You are not 100% productive, you are not performing up to the mark"
- Assumed that as a single mom with responsibilities, the job wasn't suitable for her
- Had an open offer saying "Please quit"
- Sahithi had to beg them to hold on to her H1B
- Broke down multiple times at the workplace
The Daily Struggle
Sahithi listed her daily tasks with her cousin - it went over 50 items:
Daily Responsibilities
- Learning to drive (failed driving test 4 times due to nerves, passed on 7th attempt)
- Driving to work, daycare, hospital, school pickup/drop
- Managing a full-time stressful job
- Younger daughter constantly getting sick from daycare
- Driving to Mountain View or Sunnyvale for urgent care
- Managing elder daughter's studies
- Cooking (relying on parents who couldn't drive or shop)
- Going to CVS pharmacy for medicines
- Managing two cars, mortgage, multiple bank accounts
Her parents could only cook and take kids to the nearest park - they couldn't drive, couldn't get a single milk packet, and if they got sick, Sahithi had to handle that too.
💰 Financial Matters: Probate and Assets
The financial aspects were complex and time-consuming, especially without a will.
Bank Accounts
Fortunately, they had maintained joint accounts from the beginning - one for salary, one for other purposes. This made bank account access straightforward.
The Probate Process
Since there was no will, Sahithi had to go through probate for assets where she wasn't listed as beneficiary.
What Required Probate
- Employer stock options (even though employer offered advanced vesting)
- Some investment accounts (Morgan Stanley, Charles Schwab)
- Any account where beneficiary wasn't properly designated
Note: Fidelity accounts with proper beneficiary designation didn't have issues.
Probate Process Details
- Duration: One full year
- Cost: Huge - lawyer costs and court rates are significant
- Documentation: Extensive signing requirements
- Phone calls: Tough questions from court and lawyer's team
The Difficult Questions
During probate, Sahithi faced painful questions:
House and Loan
Property Situation
- House title: Changed to Sahithi's name (long process)
- Loan: Was in both names
- Missed opportunity: During COVID, they received emails about loan insurance that would pay off the loan if owner dies - they ignored it
Writing Her Own Will
Immediately after, Sahithi wrote her own will through the same lawyer - covering who would take care of the kids if something happened to her, property ownership, and everything else.
🚨 Critical Advice for All NRI Families
"I highly recommend - even if you have one single asset, it could be a single home or a single bank account - just make a will for the sake of kids and to escape the probate process. It is better to make the will."
More than a will - create a Living Trust. A living trust is much more important as it covers a broader range and avoids probate entirely.
📋 Survivor Benefits: Social Security
One important benefit that many NRIs don't know about is survivor benefits from Social Security.
What Are Survivor Benefits?
When an employee contributes to Social Security and passes away, their family (spouse and children) may be eligible for monthly benefits. This applies even if the person contributed for a relatively short time.
Sahithi's Experience
Sahithi initially ignored this benefit - she was too fresh in grief to focus on anything. But her husband's friend's sister (who also lost her husband) called and explained it. Family and cousins kept reminding her.
The Process
- Step 1: Call Social Security and inform them the person has passed away
- Step 2: Visit the Social Security office
- Step 3: Provide documentation
- Step 4: For non-citizen children (H4), extra documentation and fighting required
What Sahithi Received
Survivor Benefits Breakdown
| Recipient | Status | Benefit |
|---|---|---|
| Sahithi (spouse) | H1B employee | Minimal amount ($200-250 range) - because she was employed |
| Elder daughter | H4 (non-citizen) | Good monthly amount after fighting for approval |
| Younger daughter | US Citizen | Good monthly amount - continues even after moving to India |
Fighting for the Elder Daughter
The elder daughter's case required extra effort because she was on H4 (not a US citizen):
The Argument Made
"He contributed for the family. The family has both the kids. How could you separate one kid versus other?"
After back and forth discussions through a lawyer, they finally approved benefits for both children while living in the US.
After Moving to India
When Sahithi decided to move to India:
- Elder daughter (H4): Benefits stopped - they said they cannot give it
- Younger daughter (US citizen): Benefits continue - wherever in the world she goes (except certain restricted countries like Cuba), they can send it
Important Note
The survivor benefits process requires multiple SSN office visits, long waits, and persistence. But it's worth it - the monthly amount can be significant, especially for children.
😔 The Loneliness: Life as a Single Mom in US
Despite all the support, the fundamental reality was devastating loneliness.
The Big Empty House
After sending her younger daughter to India with her parents (to give herself time to figure things out), Sahithi was left with just her elder daughter:
The Nightly Reality
- Two people in a big house
- Locking internal bedroom doors at night
- Digital locks, alarms - but still scared
- The loneliness hits deeper at night
Friends and Family - But Still Alone
Sahithi's husband's friends were incredible - visiting constantly, taking her daughter to beaches, classes, helping with everything. But:
She didn't want her kids to be in that zone forever.
The Visible Incompleteness
At birthday parties and social events, the absence was painfully visible:
The Emotional Triggers
- Seeing other families complete with fathers
- Remembering how her husband would have taken care of the younger one
- Wishing for a family - then realizing it's the reverse now
- The question "Why?" hitting hard - "Why did this happen? What did I do wrong?"
- Breaking down everywhere and anywhere
🇮🇳 The Decision to Return to India
Multiple factors converged to make Sahithi decide to return to India.
The Younger Daughter Thriving
Sahithi had sent her younger daughter to India with her parents in May/June. The transformation was remarkable:
Life in India for the Younger One
- Living in a gated community with grandparents
- Brother's family nearby - having gala time with cousins
- No rushing to daycare or preschool
- No car seat stress
- Not getting sick constantly like in US daycare
- Speaking fluent Telugu
- Eating very well - better than elder daughter ever did
- Blossoming with laid-back grandparents, no rush for anything
- Getting highest pampering while being very disciplined
What the Younger One Was Missing
Sahithi felt bad that her younger daughter was missing things like going to the library, seeing an aquarium, going to a zoo. But she couldn't figure out how to provide that atmosphere while managing everything else.
The Elder Daughter's Situation
Meanwhile, the elder daughter in the US was missing out too:
What She Couldn't Provide
- Driving to the beach (Sahithi was still learning to drive)
- Mountain trips
- Camping, star gazing (her husband used to take her)
- All the activities her friends' families were doing
Sahithi tried to substitute with play time with friends, sleepovers, and a wonderful neighbor who treated her daughter like her own.
The Final Factors
Job Instability
Employer not supportive, job interviews not working out (not in complete mindset), market not raising H1Bs or sponsoring GCs
No Future Visibility
Even with a job, couldn't see a future for herself or her elder daughter in the US
Burden on Others
Felt like becoming a burden on friends and family who had their own lives
Missing the Younger One
Sent her just one month ago but already missing her - and worried about the future, not just one month
DesiReturn Community Support
Sahithi reached out to the DesiReturn platform:
Community Help
"I spoke with a couple of people. They were like - I cannot even express how good they were. There was one person who jotted out a checklist, and was like 'Let's talk.' I just dropped an email to her and she immediately gave her number and spoke with me and shared some sites and shared her experience - how Hyderabad and how India helped her to raise her kids as a single mom. It was invaluable."
📝 Critical Lessons for NRI Families
Sahithi's experience offers crucial lessons for every NRI family.
Estate Planning - Do It NOW
- Create a Living Trust: More important than just a will - covers broader range and avoids probate
- Add beneficiaries: On ALL accounts - bank, investment, retirement
- Joint accounts: Maintain joint bank accounts for easy access
- Loan insurance: Consider insurance that pays off loans if owner dies
- Document everything: Passwords, account locations, financial advisor contacts
Know Your Benefits
- Survivor benefits: Available from Social Security - don't ignore
- Employer benefits: Stock options, life insurance, other benefits may transfer
- Priority date: Can potentially be kept active for family use
H1B Reality Check
- Cannot take a break - must be employed
- Health insurance tied to employment
- Employer support varies dramatically
- H4 dependents need transfer if primary holder passes
The Probate Warning
Without a will or living trust:
- Process takes approximately one year
- Costs are huge (lawyer fees, court fees)
- Emotionally draining questions during grief
- Even California law favoring spouses requires official documentation
- Some accounts may require separate probate processes
❓ Frequently Asked Questions
What is the first thing to do when a spouse passes away in the US?
Inform Social Security about the passing, secure all financial accounts, and contact the employer. If there's no will, consult a probate lawyer immediately. Also, address any visa dependency issues for children on H4.
How long does probate take without a will?
Based on Sahithi's experience, the probate process took one full year. It involves extensive documentation, court proceedings, and answering difficult questions about the deceased and the relationship.
Can non-citizen children receive survivor benefits?
Yes, but it requires extra documentation and fighting with the system. Sahithi's elder daughter on H4 eventually received benefits while living in the US, but these stopped when they moved to India. US citizen children continue receiving benefits regardless of where they live.
What happens to H4 visa if the H1B holder passes away?
The H4 dependent needs to be transferred to another H1B holder's dependency (like the surviving spouse if they're on H1B) or find another valid visa status. This should be done immediately to avoid complications.
Is a will enough or do I need a living trust?
A living trust is recommended over just a will. It covers a broader range of situations, avoids the probate process entirely, and provides more protection for your family. The cost of creating a living trust is far less than the cost of probate.
Don't Wait - Protect Your Family Today
Sahithi's story is a powerful reminder that life can change in an instant. Estate planning isn't just for the wealthy - it's essential for every NRI family. A living trust, proper beneficiary designations, and understanding your benefits can save your family from immense stress during an already devastating time.
Connect with others who understand your journey and get guidance on protecting your family's future.
Frequently Asked Questions
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