The death of a family member or close friend can be an emotional time. Most of us only have to endure the process a handful of times in our lifetime, but that also means we may be ill-prepared for what needs to be addressed, distracted and even vulnerable at the time we need to be at our best.
There are a few legal matters that need to be dealt with, and a lot of practical issues that have to be addressed. Family and friends must be notified, an obituary notice prepared, and funeral arrangements made. Here are a few others to be dealt with right away:
1. Pets need to be taken care of. Will someone in the family take responsibility for any pets?
2. Is security at the decedent’s home a concern? Someone should be detailed to turn lights on and off, pick up newspapers and collect the mail every day. Locks may need to be changed.
3. The home should be cleaned out of anything perishable.
4. Mail should be forwarded, but it may not be possible to accomplish that until someone has been formally appointed as a Personal Representative of the decedent’s estate.
5. Start a log and/or spreadsheet to show all expenditures and time spent on the decedent’s affairs. Even if you do not intend to seek payment later, it may be important to have this information collected – and it is much harder to recreate it later.
6. Arrange for a visit to the safe deposit box. Look for information about the safe deposit box and the key among the decedent’s papers and personal possessions. The executor appointed in the decedent’s Last Will and Testament may have access to the safe deposit box to obtain the original will.
7. Cut up and return credit cards in the decedent’s name. It is not legal to use them, so there’s no need to keep them around. Do not be tempted to charge funeral expenses or other urgent bills to the credit cards.
What’s missing from this list? Call the lawyer. In most cases, you will need to meet with the attorney so it’s important to set up an appointment early. Some circumstances will need to be addressed with an attorney, like if there is a relative who is trying to remove valuable personal property without proper authority or if your loved one lived in a rental unit.
Making financial decisions and changes without legal counsel after the death of a loved one could also result in extra, unnecessary taxes being paid.
Poserina & McHugh focus on Elder Law issues. Robert Poserina and Andrea McHugh can help guide you through the legal issues of Medicare/Nursing Home Planning, Estate Planning, Wills, Trusts, Guardianships, Powers of Attorney, Probate, Estate Administration, Estate Litigation and Contested Wills. Located at 1029 Route 9 South in Cape May Court House. www.capemaycountyelderlaw.com.
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