What to do after a loved one dies

PEACE OF MIND LAWYER

If you have been named the person responsible for settling a deceased loved one’s affairs, commonly called an executor or personal representative or a successor trustee (if they had a trust), you may find yourself overwhelmed by grief and a growing list of responsibilities.

As the person in charge of winding up your loved one’s affairs, you may find yourself juggling many tasks, First and foremost, be sure to take care of yourself during this emotional time.

To help you manage the responsibilities now on your plate, here is a quick checklist of important steps that will make it easier when you meet with an attorney to discuss handling your loved one’s legal affairs.

1. Secure the deceased person’s belongings. Make sure their vehicle, home, important documents and other valuable items are safe. This action not only protects items intended for distribution but also ensures that critical estate planning documents and information about assets are preserved and accessible as you begin settling the estate.

2. Obtain several copies of the official death certificate, both short and long forms. You will need them for a variety of tasks that require proof of your loved one’s death. Having multiple copies on hand will help prevent delays as you begin settling their affairs. 

3. Notify the Social Security Administration of your loved one’s death. Prompt notification helps prevent overpayments and ensures that any eligible survivor benefits can be processed without delay. 

4. Take care of any Medicare paperwork needed to report your loved one’s death. This helps ensure that future charges are stopped and the account is properly closed.

5. Notify the post office and consider forwarding your loved one’s mail to your address, to ensure that you receive the important bills, account statements and other correspondence necessary to wind up their affairs.

6. Contact your loved one’s employer to ask about any work-related benefits. They can guide you on how and when these benefits will be paid.

7. Gather all important estate planning documents, including the will and/or the trust. Ideally, you will be able to locate the original versions, as probating a copy is often much more difficult and may require additional legal steps.

8. Locate your loved one’s tax returns from the past few years, and check whether this year’s return (Form 1040) has been filed. If they had a tax preparer, consider contacting them assistance with any final filings.

While many tasks — such as notifying your financial institutions unless you are a co-owner, insurance companies, utility and credit card companies — can wait until you have been appointed as the executor, it is a good idea to gather the information as soon as you are able.

These are items where you typically need legal authority given only by the court appointing you as an executor or personal representative to manage your loved one’s affairs.

• Financial accounts, including bank accounts, investment accounts, retirement accounts and life insurance policies, as well as any real property.

• Identify your loved one’s significant digital assets. This includes such things as email accounts, social media profiles, photo cloud storage and online financial accounts. Try to locate a list of these accounts along with any log-in credentials.

• Compile information about any debts, bills or ongoing expenses your loved one may have had, such as credit cards, loans or utility payments.

• Create a list of the deceased’s professional advisers who may have valuable information, including their financial advisor, insurance agent, tax professional and any other relevant contacts.

•Notify all relevant insurance companies, such as health insurance provider, life, auto, homeowner’s or renter’s, and other important policies.

• Notify the appropriate agencies to cancel your loved one’s driver’s license, passport, voter registration, and any club memberships. You should also notify the major credit bureaus (Equifax, Experian and TransUnion) of their passing. Taking these steps helps prevent identity theft and reduces the risk of receiving unwanted mail in their name.

I strongly suggest speaking with an attorney to determine how best to handle the probate administration of the estate, so you can focus on yourself and your family during this difficult time.

This article is a service of the Law Office of Lasca A. Arnold, PLLC.