A Guide to Taking Care of the Details After the Death of a Loved One
September 21, 2009
“The death of a loved one imposes cruel demands on the closest survivors.” The truth of that statement from this article in moneywatch.com is known to anybody who has lost a close friend or family member. We’ve written a lot on our blog about going through the probate process when a loved one dies, but probate isn’t the only thing you have to think about; in fact, it may not even be the first thing you should think about. At a time when you are bombarded by as many emotional demands as you are mundane demands, how can you know what to do first?
The article mentioned above contains a helpful guide for those who are dealing with loss. It includes well-known items such as “contact close friends and family” and “make funeral arrangements” as well as items that may not come to mind as naturally, such as “write an obituary” and “contact the deceased’s employer.” Few people think about these things when under emotional strain, which is why this list is an excellent resource to file away for a time when it may be needed.
If you are having a particularly hard time with the grieving process don’t be afraid to ask others to help with the more difficult items, or to hand the list over entirely to someone else. This is when your own probate or estate planning attorney (or the deceased’s attorney, if they had one) can be especially helpful.
Although it sometimes feels as if time should stand still when someone we love passes away, life does go on, for better or worse. But the world is full of caring and knowledgeable people to help you through the process… if you only know where to look.
Dad Died and I’m His Executor… Now What?
August 8, 2009
Dealing with the death of a family member—especially when that family member is a parent—can be fraught with confusion and emotion even under the best of circumstances. Being named as the executor of a family member’s estate (although often considered an honor) means that you have to have a clearer head and more patience than everyone else during an already difficult time.
If you have been named as the executor of the estate it means that most likely a Will has been found. Remember: a Will ususally requires probate, unlike a Trust. (If the deceased did not have a Will, then the estate will be distributed according to the state probate code. In that event, a representative called an ”administrator” will have to be appointed by the court, but it does not mean that probate can be avoided. Preference in appointment is usually given to family members, in an order specified by statute.) Once you have been appointed the executor or administrator you are considered the responsible party during the probate process and can be held accountable by the beneficiaries. As the executor or administrator, the following is a partial list of your responsibilities:
- Reviewing the estate assets.
- Creating an accounting of the deceased’s assets and liabilities.
- Giving notice to potential creditors.
- Settling outstanding debts.
- Making distributions for estate taxes.
- Making distributions to heirs.
- Filing a final accounting with the court to close the probate process.
In addition to the above responsibilities, it will be your responsibility to keep the estate viable (making sure the mortgage and fees continue to be paid) during the probate process. Probate can often be a lengthy process, so you may petition the court to release short-term supply funds for this purpose while proceedings continue.
If you are thinking that this sounds like no easy job you’re absolutely right! Executors and administrators are entitled to compensation from the deceased’s estate, although — if an immediate family member – some choose not to accept compensation. You should also remember that being executor or administrator does not mean that you are personally responsible for the debts of the deceased. All debts, taxes, legal fees, etc. should be paid from the estate of the deceased, not your own pocket.
If this all seems overwhelming, there is good news: You don’t have to go through all of this by yourself. The court can appoint someone to oversee the process (although these appointees often oversee a number of probate cases at a time and may be very busy) or you can find an attorney experienced in the probate process. If you find yourself in this situation, feeling confused and overwhelmed, please call our office. We understand, and we can help.
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