By
Below Is a Checklist of Issues to be addressed at a difficult time. Some actions can be handled by family members and other actions are best handled by an experienced estate/probate attorney. This Checklist is not an off-encompassing list, but should assist you with some basic matters following the death of a loved one.
ACTIONS TO BE TAKEN BY FAMILY MEMBERS:
1. Notify immediate family and friends. _____
2. Arrange care for pets, if any. _____
3. If necessary, decide on procedures to care for dependent
children and surviving spouse, if incapacitated. _____
4. Prepare decedent's obituary for newspaper publication. _____
5. Decide on funeral arrangements. _____
a. Find and review decedent's expressed funeral and burial wishes
b. Contact appropriate persons
c. Arrange for mortuary, cremation and/or burial
6. Evaluate the need for security at decedent's residence. _____
a. Cancel home deliveries
b. Notify Post Office to change mailing address or to hold mail
7. Evaluate whether there is perishable property to care for or sell. _____
8. Keep records of all payments for funeral and other expenses. _____
9. Locate original Will (and Trust). _____
10. Do not pay decedent's debts until discussion with
Personal Representative. _____
11. Safe deposit box – at least 2 people should be at box opening. _____
a. Open box. List all contents in detail on letter size paper.
b. Both persons sign and date the bottom of the list.
c. Remove assets to be sold at once.
d. Put all else back, except Will, life insurance policies, Trust, etc.
e. If there is any danger of a Will being contested, a conflict of interest between Personal Representative, family, or beneficiaries, do not go to the safe deposit box without an attorney.
12. Investigate the following:
a. Social Security Benefits _____
b. Life Insurance _____
c. Union death benefits _____
d. Veteran's burial allowance & Veteran's benefits _____
e. Employee payroll benefits _____
(1) Accrued vacation pay
(2) Employee death benefit
(3) Final wages
(4) IRA accounts & Retirement plan death benefits
(5) Deferred compensation
f. Medical reimbursements _____
g. Refunds on insurance or cancelled subscriptions, or
any refunds _____
13. Meet with CPA to prepare decedent's last income tax return. _____
14. Locate life insurance policies and contact life insurance agent
to collect proceeds or consider options. _____
15. Obtain death certificates. _____
16. Death Notifications to make:
a. Social Security Benefits _____
b. Department of Veterans Affairs _____
c. Medical Insurance Companies _____
d. Life Insurance Companies _____
e. Retirement/Pension Companies _____
f. Decedent's Employer _____
17. Notify regular insurance agent about fire, theft, and public
liability insurance on decedent's assets. _____
18. Cut up credit cards and return to credit card companies. _____
HIRE ATTORNEY TO ASSIST WITH THE FOLLOWING:
1. Review and analyze the Will and/or Trust. _____
2. Register the original Will with the Court. _____
3. Review duration of administration & probate & explain procedures. _____
4. Evaluate joint tenancy assets. Arrange for termination of joint
tenancy asset(s) so surviving joint tenant gets clear title to asset(s). _____
5. File for Probate and appointment of Personal Representative. _____
6. Assist in collection of insurance, wage claims, retirement benefits. _____
7. Guide and counsel the Personal Representative in
administering the decedent's estate, including: _____
a. Opening Personal Representative's bank account
b. Locating assets
c. Valuing the assets
d. Preparation of death tax returns
e. Payment of death taxes and other debts
f. Income tax and death tax decisions
g. Sale or exchange of property
h. After-death tax planning
i. Elections under tax laws
j. Timing of distributions and closing estate
k. Disclaimers by survivors and beneficiaries (9-month deadline!)
l. Lawsuits on behalf of decedent
m. Management of property
n. Continuation of liquidation of business
8. Review with family members the impact of decedent's death on
their own estate planning. (Redraft wills, trust, make gifts, review documents.) _____
[1] Note: This document is meant for the clients of The Law Offices of Jerold E. Rothkoff. Before acting on any information presented here, you are strongly urged to consult with an attorney who is competent in this area of the law.