Tuesday, October 14, 2014

5 Things To Do After A Loved One Passes Away

In the weeks and months following the death of a loved one, you may be overwhelmed with what to do next.  It is difficult to deal with your emotions and the legal processes that need to be completed. Here's a list of a few things you may need to be taking care of after a loved one passes away. 

1.  Obtain the death certificate. 
You will need to obtain the death certificate for your loved one and most likely, you will need more than one.  The following people may require a death certificate: the court (where your loved one's property will be distributed through probate), the banks (for any joint bank accounts and/or safe deposit boxes), stock companies with whom your loved one held stock, etc.  While you can order additional death certificates in the future, it's a good idea to try to figure out about how many you will need and order them all at once. 

2.  Schedule an appointment with a probate and/or estate planning attorney. 
You will want to sit down with your attorney to go over the details of how your loved one's property is going to be distributed.  You should do this regardless of whether you will be the person administering the estate because you want to ensure your property rights will be protected as well.  An attorney will give you a basic idea of what the legal process will look like for you as the property is distributed over the coming months or years.

3.  Schedule an appointment with the probate court.
The first step to distributing property is to schedule an appointment with the probate court.  You will need to bring the original will, the death certificate and a check (for an amount the court will specify).  When you schedule your appointment, make sure you ask what all the court requires you to bring to the meeting so that you do not have to schedule a second meeting.

4.  Get organized. 
Going through probate, if you are administering the estate (i.e., making the distributions), you will need to have very detailed records of all property owned by your loved one, any property earned after your loved one's passing and any property distributed after your loved one's passing.  The sooner you get all of the property organized and have a method to maintain your records, the better off you will be in the long run.  This is something you may want to talk with your attorney about while you are doing #2 above. 

5.  Revisit your will, advanced medical directive and power of attorney.
When a close loved one passes away, it may affect your current estate plan.  If that person was designated as your power of attorney, you may want to have a new power of attorney drawn up so that it remains valid and in effect.  It may also effect your will and how your property is distributed, or more importantly, who will be taking care of your children should something happen to you.  

There is obviously much more that will likely need to be done; however, by doing these 5 things you should be headed in the right direction to obtain some closure and honor your loved one's wishes.  

If you have recently had a love one pass away and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.