Attorney & Mediator
Attorney & Mediator

What to do when someone dies

Most people are in a state of confusion when a death occurs.  What should they do?  First, second, and so on.

 

Things for the family to do:

  1. Evaluate the emotional effect of the death on the surviving spouse, children or close relatives.
  2. If necessary, decide on procedures to care for dependent children and surviving spouse, if incapacitated.
  3. Evaluate the need for security at decedent’s residence and personal property.
    • Cancel home deliveries
    • Notify post office to hold mail.
  4. Decide on funeral arrangements
    • Contact clergy
    • Discuss donation of bodily organs to an organ bank.
    • Arrange for mortuary and burial or cremation.
    • Prepare obituary for publication.
  5. Consult the family lawyer or the lawyer the family wants to retain as either a legal counselor or as probate lawyer to handle the estate’s legal and tax matters.
  6. Evaluate the survivor’s cash needs for the next three (3) months.
  7. Evaluate the existence of and need to care for or sell perishable property.
  8. Keep records of all payments for funeral and other expenses
  9. Locate original Will and/ or Trust.
  10. Locate safe-deposit box.
  11. Locate life insurance policies.
  12. Meet with the lawyer you have selected
  13. Go to the safe-deposit box with the key. At least two bank officers will be at the box opening.
    • Open the box
    • List all contents in detail on letter size paper or on a form provided by the bank.
    • Have all personals sign at the bottom of the list and date.
    • Put contracts back, except for will, life insurance policies and Trust.
    • If there is any danger of a Will contest or a conflict of interest between personal representative, family members or beneficiaries, do not go to the safe-deposit box without an attorney.
  14. Investigate:
    • Social security benefits
    • Life insurance collection
    • Union death benefits
    • Veterans burial allowance
    • Veterans benefits
    • Employee payroll benefits including:
      • Accrued vacation pay
      • Employee death benefit
      • Final wages
      • Ira Accounts
      • Retirement plan death benefits
      • Deferred compensation
    • Medical reimbursements to help pay for hospital and doctor bills.
    • Refunds on insurance or canceled subscriptions or any refunds.
  15. Check for Keogh plan/ IRA accounts
  16. Meet with C.P.A. as to tax and financial planning issues
  17. Get death certificates, usually from funeral director. Depending on the situation, may need as many as 10 – 12.
  18. Meet with life insurance agent to collect proceeds or consider payment options.
  19. Notify liability insurance agent about fire, theft and public liability insurance on decedent’s assets.
  20. Do not pay any of decedent’s debts until the lawyer you have selected discusses them with family members or with the duly appointed personal representative.