|
 Legal | By Lynn R. Emerson, esq.
Lynn R. Emerson, Esquire is
the managing attorney of
BusinessLegal, PC, a law firm
dedicated to the needs of small
businesses and individuals. This
article is published with the
understanding that the information
provided is of a general
nature, and that the author is
not rendering specific legal advice
or creating an attorney-client
relationship. If legal advice is
required, contact BusinessLegal,
P.C. or an attorney of your choice.
Steps to Take When Someone Dies
When a loved one dies the list of things and the decisions the
survivors need to make can be nothing short of overwhelming.Many
of us are facing these tasks as our parents age and die. Even when the
decedent’s records are in fairly good order, administering an estate can
be a difficult and challenging time for family members.
No need to rush paperwork
The good news for the surviving family members is that in most cases
there’s no cause for haste. After the initial flurry of activity, you should
have plenty of time to get the information you need, weigh the options
and make good decisions. Here are a few things you’ll need to do right
away and others you should tackle in the months to come.
First things first
The most immediate tasks when someone dies are to make the final
arrangements and notify others of the death. Locate the person’s Will,
life insurance policies and other valuable documents; these may contain
specific funeral and burial instructions, with a list of people to be
notified. If no Will or instructions exist, consult with family members
and look for address books that can help you with your task.
Most people contact a funeral home for help with arrangements.
Or, if the deceased person was religious, contact a priest, pastor, rabbi
or other religious leader for guidance. It is also traditional to put
together an obituary to run in the local paper.The funeral director
typically can handle this task for you, or you can contact the paper
directly.
Essential documents
This is a good time to order several copies of the death certificate so
that you have these essential documents on hand when you later apply
for any life insurance benefits or financial accounts. Again, funeral
directors typically can handle this task for you, or you can contact the
health department in the county where the decedent lived.
How many certificates you need depends on how complex the
decedent’s finances were and what estate planning was done before
death. Five or six copies are enough to start with, and you can always
order more at later time if needed.
Taking care of business
The decedent was probably receiving income from somewhere — an
employer, pension, the Social Security Administration, or perhaps all
three. Legally, they need to be told of the death. If the decedent was
employed, or receiving a pension, you must notify the company’s
human resources department, as soon as practical, of the person’s death.
This will also start the process of collecting any life insurance, accrued
vacation pay or other benefits the employer may owe the family.
If the decedent had any financial adviser, accountants, attorneys,
real estate agent or insurance agents, it’s smart to contact them and ask
if any matters need to be addressed immediately.
Who’s in charge?
Usually, one person supervises settling the estate. If the decedent had a
Will or trust it should specify who is the executor or personal
representative (or, in the case of a living trust, the successor trustee).
The executor is responsible for making sure creditors are paid, assets
are distributed and estate tax returns are filed and what insurance
proceeds if any are owed to the heirs.
If the person dies without a Will or trust, the laws of the state
where the person was living when they passed, will determine who can
qualify to administer the estate: usually a surviving spouse, if there is
one, or an adult child or parent. If no family member qualifies, the
court may decide who will administer the estate. If it is a third party,
that administrator will be entitled to a fee for performing the
administrator’s functions, which is charged to the estate.That’s why it
is so important to have a Will or trust, to avoid such uncertainty and
unnecessary expense.
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Cover
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