Steps to Take After the Death of a Family
Member
I regularly receive phone calls days after someone loses a family member or close friend. My advice is always to take a step back and take care of yourself and the people in your life. Spend this time reflecting on the person you love and focusing on your grief, final arrangements, and support. Everything else is less important and handled later. Do not make any hasty decisions, and do your best to remind your family of the priorities.
Other than securing the household, taking care of pets, and locating the wishes of your loved one for services, burial, and a celebration of their life, let the legal work wait.
When the Work Begins
Take a breath and take your time organizing your approach. First, make a list and check it off, one by one.
If you have been using a Financial Power of Attorney, this document is no longer valid, as it is revoked by operation at law at the death of the principal.
Is there an estate plan? If there is a Living Trust, the Successor Trustee now assumes full fiduciary responsibility. If there is a Last Will and Testament, it must be filed in the clerk’s office within 30 days of death. The Executor named in the Will is appointed in Probate Court. Appointing the Executor, or even opening a Probate Estate, may not necessary if there is a Living Trust, depending on how the assets are titled.
Notify Social Security and secure final benefits.
