What To Do When a Loved One Passes Away

Losing a loved one is an emotionally overwhelming experience, often accompanied by a multitude of legal and financial responsibilities. Handling that burden calls for experienced and compassionate guidance to help you navigate the complexities of trust and estate administration during this difficult time. The attorneys at Pierro, Connor & Strauss have over 407 years of combined experience and offer a complimentary initial consultation to answer your questions and get you started.

Steps to Take When a Loved One Dies

Immediate Actions

1. Secure personal property: Protect tangible assets such as jewelry, collectibles, furniture, and artwork to prevent loss or mismanagement.
2. Make funeral arrangements: Contact a funeral home and plan funeral, burial, or cremation services.
3. Obtain legal documentation of death: Secure several copies of the death certificate, which will be required for legal and financial matters. Typically, your funeral director will be able to assist with this matter.
4. Locate the will and estate planning documents: Find and review the will, trust agreements, and other estate planning documents to determine the next steps for estate administration.
5. Notify necessary parties: Inform the Social Security Administration and contact an estate administration attorney.

Legal and Financial Responsibilities

1. Meet with an attorney: Consulting with an estate attorney is essential for clarification of responsibilities and to help you avoid legal pitfalls.
2. Gather and inventory assets: Identify all financial accounts, real estate, vehicles, investments, and personal belongings owned by the deceased.
3. File the will and petition for probate: If required, submit the will to probate court to be officially appointed as executor. (see below for more information)
4. Trust Administration:  If the decedent had a trust in place, the trustee(s) should work with an attorney to carry out its instructions. The trust administration, similar to estate administration, will require an experienced attorney to help with a smooth transition of trust assets, which are separate and different from probate assets.
5. Settle debts and taxes: Pay outstanding bills, file necessary tax returns, and settle estate taxes if applicable. If an estate tax return is required, it must be filed within nine months of the date of death.
6. Distribute property to heirs: Fiduciaries typically wait for the creditor claim period to expire (which may take up to a year) before distributing assets to beneficiaries and heirs.

With or Without a Will: The Probate Process

1. What is Probate? Probate is the legal process through which a fiduciary is appointed on behalf of the deceased person’s estate, and the estate is settled under court supervision.
2. Proving the Will: A will must be presented to a judge in Surrogate’s Court, who will determine its validity before an executor can distribute assets.
3. Without a Will: If no will exists, a Surrogate’s Court judge must appoint an administrator to manage the estate.
4. Time and Costs: Probate can be a lengthy and expensive process, often requiring legal guidance to navigate court procedures and potential disputes, complicated if not handled correctly by professionals.

Important Considerations

• Power of Attorney Ends at Death: A durable power of attorney ceases upon death, meaning the appointed agent no longer has authority over the decedent’s matters. Authority will now rest with either the executor named in a Will, who needs to be appointed by the Court, or an administrator appointed by the Court, if there is no Will.

• Beneficiaries of Estates or Trusts: Beneficiaries should retain counsel to protect their interests in the event that the executor or trustee is not fulfilling his or her duty accurately or efficiently.

• Legal Guidance is Key: Complex estates, disputes among heirs, or unclear wills can make administration challenging. Seeking legal advice ensures compliance with state laws and protects the estate’s interests.

We Are Here to Help

At Pierro, Connor & Strauss, we understand the emotional and legal challenges that come with losing a loved one. Our team provides skilled and compassionate support in estate and trust administration, helping you navigate the probate process, resolve disputes, and ensure a smooth transition of assets to loved ones.

Call us today for a free consultation at (866)951-PLAN (866-951-7526).