It is unbelievably painful to lose a loved one. The incident usually occurs unexpectedly, causing a barrage of devastating emotions. While everybody grieves in their own way, it is common for most people to be frustrated or unsure of what necessary legal steps to take next.
If you are assisting the appointed executor or you have been placed formally in charge of managing the estate, here is the ultimate checklist on all of the essential things to do after losing a loved one, including preparing for the funeral, making arrangements for attendees, and meeting with a probate officer.
Of course, it is a painful time, and your first step should be to steady yourself and your mental being. However, a number of these issues have a time limit that calls for you to take care of them at the earliest. Here is what to do when someone dies.
Who To Notify When Someone Dies
- If the deceased served in the military or was a member of a fraternal or religious association, get in touch with them. They can provide funeral facilities or offer burial benefits.
- Inform the post office
- Inform Social Security
- Contact the insurance providers that the deceased was involved with and stop the health insurance. Certain policies need time before they can be terminated. However, the required paperwork can be taken care of beforehand.
What To Do When A Loved One Dies Unexpectedly
- Make sure the deceased's personal belongings like their house and business are secure
- Make the legal will, if any, available to the relevant parties and print multiple copies in case anybody requires it
- Make multiple copies of the death certificate as it will be required in several duties
- Address the varied Medicare details, as needed
- Reach out to their workplace to know about any benefits that may be applicable to the deceased.
- Contact the agency that provides pension services to terminate monthly inspections and obtain claim forms,
- Prepare to consult with an experienced solicitor who specializes in probate and trust management. Depending on the circumstances, a probate may be required.
Death Documents Checklist For Your Appointment With The Trust Lawyer Or Probate
- The final will of the deceased. Reach out to us with copies of the original document that cannot be found.
- A record of the liabilities and bills of the deceased. Depending upon your convenience, you can either turn in credit cards and bank transaction statements, or you can create a record by hand.
- Identify bank consultants, insurance agents, accounting professionals, and other specialist advisors of the deceased.
- A record of the deceased's living relatives, along with their contact details if it is accessible. The solicitor would need to know about everyone in the household, even though they might not be included in the trust.
Some More Things To Keep In Mind
- You can also void all driver's licenses, voter registrations, and unused utilities or accounts such as cable, telephone, and monthly subscriptions to help avoid fraud or identity theft.
- Deactivate all social media and email accounts and any sites that are no longer in use.
- Make an appointment with the financial adviser.
- You might consider doing all of the paperwork yourself. It is an enticing idea, considering how easy it could be. However, taking that approach towards this phase could end up costing you and your relatives. Continue reading to find out how and why.
Consequences Of Mishandling An Estate: Examples From Real Life
Example #1: Misusing Power Of Attorney
A well-known example of poorly managed assets includes the son of Brooke Astor, a famous New York socialite. Anthony Marshall, the son, was found guilty of abusing his power of attorney and other offenses. “In 2009, Mr. Marshall was accused of grand larceny and other offenses relating to the alleged looting of his mother's belongings while she had Alzheimer's disease,” stated the Washington Post obituary.
He was sentenced to one to three years in jail, but due to congestive heart failure and Parkinson's disease, he was legally granted parole after serving eight weeks in August 2013.”
Example #2: Failing To Disclose Assets To The IRS
Another example is Lacy Doyle, a well-known New York City art consultant who inherited a sizable property after her father died in 2003. He reportedly left her $4 million, but she actually listed less than $1 million in assets when she filed the estate papers. “She opened an ‘undeclared Swiss bank account to deposit the undisclosed inheritance from her father' in 2006, using a fictitious international foundation name to hide her identity,” stated the New York Daily News. "From 2004 to 2009, [she] failed to reveal her involvement in the secret accounts, as well as the profits they generated.” Doyle was convicted as a result of these reported misdeeds and her refusal to disclose the accounts to the IRS. She currently serves a six-year jail term.
Closing Thoughts
Consult a lawyer when managing an estate to prevent even the possibility of impropriety.
Keep in mind that the penalty for accidents and negligence can be severe, even though your intentions were honest. For example, an executor who distributes an estate too quickly can face drastic consequences. If an executor's activities allow an estate to become completely bankrupt, his or her personal properties will be jeopardized.
Even though you might be thorough and experienced regarding probate and estate law, predicting what could go wrong is remarkably difficult. When dealing with a loved one's assets or property, there are many ways to get yourself into trouble.
This was our brief guide on what to do after a loved one dies. If you have more questions, Miller Law Firm, PC is ready and willing to guide you into avoiding the major hurdles so you can concentrate on yourself and your family through this trying time. Do not hesitate to contact us in need of aid and support. We will assist you with property and estate matters and also guide you towards other helpful services.