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A loved one’s death, even if expected, can be overwhelming, logistically as well as emotionally, especially if you are the designated personal representative, also known as the executor. Now is the right time to consult with a well-respected probate attorney who will guide you through the process of handling the estate of a loved one. If you live in Southeastern Massachusetts, the Law Offices of Patricia Bloom-McDonald. is an excellent choice. In the meantime, here is some information about how to begin the process.
Step 1: The funeral, cremation or burial
Check whether there is a prepaid burial plan or if the deceased is entitled to death benefits from the Veterans Administration or a fraternal or religious group. If possible, get some helpers rounded up to arrange for the post-funeral gathering, any desired eulogies, military ceremonies and a written obituary if appropriate.
Obtain a death certificate from the funeral home, typically 2 weeks after the burial or cremation. The funeral home will order the specific number of death certificates you will need since most places you will be dealing with — banks, brokerage houses, insurance companies, and government agencies — will require an original, not a copy, of the document. Also important is to locate a Last Will and Testament (if there is one) and any other estate documents such a Trust.
Step 2: Notify All Interested Parties of the Death
- Close relatives, friends, and adjacent neighbors (If they wish to be contacted)
- Employer/employees and workplace colleagues/associates
- Social Security Administration
- Life Insurance companies
- Financial advisors
- CPA (accountant)
- The leader of the deceased’s place of worship
- Organizations or groups in which the deceased was an active member
The family may also want to post a notice via social media.
Step 3: The Last Will and Testament to Probate the Estate
Probate is the legal process of administering an estate after someone passes away, with or without a Last Will and Testament. The probate court will make certain that the decedent’s debts in accordance with the state’s laws and that the personal representative distributes the remaining assets to the beneficiaries according to the decedent’s wishes if they have a Last Will and Testament. If there is no Last Will and Testament, then the state’s laws of intestate would be followed. In some cases, however, if the decedent had a Trust-based estate, probate may not be necessary.
Step 4: Protect Dependents, Property, & Important Documents
The following actions are vital:
If necessary, make immediate care arrangements for dependent children, other dependent relatives who are incapacitated, and the decedent’s loved pets.
- Make sure the decedent’s home and vehicles are locked, and that other valuables, such as expensive pieces of jewelry are located, inventoried, and stored safely.
- Locate legal documents, make a checklist of them, and store them safely.
- If the decedent’s home is now empty, do your best to protect it from vandalism, e.g. by storing outdoor furniture, bicycles, etc.
- If no one else lives in the home, empty the refrigerator, water the plants, and have mail forwarded.
Step 5: Address Financial Matters
- Inventory all assets
- Open an estate bank account after the Probate Court appoints a Personal Representative [aka executor]
- Apply for a Tax ID number in the name of the Decedent’s Estate
- Pay any outstanding taxes
- File a tax return for the estate
- Open claims for life insurance benefits
- Check with the deceased’s employer for any additional benefits
- Cancel unnecessary services, e.g. cellphone, cable, internet
- Distribute the deceased’s remaining assets to beneficiaries as specified in the Last Will and Testament, or according to the laws on intestate if there is no Last Will and Testament.
Step 7: Take Actions to Prevent Identity Theft
- Notify credit agencies (Equifax, Experian, TransUnion)
- Close credit cards
- Cancel driver’s license and US passports
- Closeout bank accounts
- Delete social media accounts and emails
- Update voter registration
If the above sounds complicated and time-consuming, that’s because it is. Being a personal representative is not a do-it-yourself project. Let the Law Offices of Patricia Bloom-McDonald help you move through this process smoothly and with as little stress as possible.
Step 8: Contact Our Dedicated Probate Attorney Today
As probate Attorney, Patricia Bloom-McDonald is more than knowledgeable and experienced. Her clients will attest to the fact that she is personally concerned with you and your family. Contact the Law Offices of Patricia Bloom-McDonald at McBloomLaw@McBloomLaw.com or call 508-646-9888 now so she can provide you with compassion as well as outstanding legal service at this challenging time.