Areas of Practice:

Elder Law
Estate Planning
Wills and Trusts
Estate Administration
Trust Administration
Guardianships
Conservatorships
Real Estate

What to do when someone dies

It would be nice to have an instruction booklet to list all of the things we need to do when a loved one dies.  I could not possibly relate everything you may need to know or everything you may need to do in the first few days following a death, but let this list serve as a preliminary list of matters that should be addressed.  My advice is to seek the advice of an attorney before you begin to pay the decedent’s last bills or distribute his or her assets and notify family and friends so they can help you cope with the loss of a loved one and perform the following tasks.

  • Locate important papers.  Determine whether the deceased had a burial plan or written instructions regarding his or her funeral arrangements. Also look for a Last Will and Testament; the person named as the personal representative in the Will has the power, before appointed by the court, to carry out written instructions of the deceased regarding funeral and burial arrangements and protection of property.
  • Go to the decedent’s bank and check to see if he or she had a safe deposit box; any heir or beneficiary may ask the bank to enter a safe deposit box to look for a Will but the bank cannot give you information on the decedent’s assets. Obtaining information regarding assets will require appointment of a personal representative by the court.
  • Contact the decedent’s local county department of social services and or the Veterans Administration to see if the decedent was entitled to financial assistance to help with burial costs and to stop any monthly payments.
  • Check the phone answering machine and see if you can transfer calls to your phone.
  • Collect the decedent’s mail and stop the newspaper.
  • Care for pets.
  • Locate car keys and secure the vehicles.
  • Take care of perishable property; you may want to donate food to a local food bank.
  • Take care of lawn or snow removal and secure the home by asking the local police to check the house periodically.
  • Obtain death certificates.  The funeral director will generally help you order the death certificates.  At a minimum, order one for each piece of real estate owned by the decedent, each life insurance policy owned by the decedent, one for the decedent’s employer, if any, one for banking institutions and one for the attorney.
  • Make an appointment with an attorney to discuss whether or not probate of the estate will be necessary and to lodge the Will with the court.

 

This article was written by Tamra K Waltemath of Tamra K. Waltemath, P.C.  This information is for general informational purposes only and does not constitute legal advice.  For specific questions, you should consult a qualified attorney. Tamra K. Waltemath is an elder law attorney focusing on wills, trusts, estate and trust administration, probate and non-probate transfers, guardianships and conservatorships.  She can be contacted at:  Tamra K. Waltemath, P.C., 3843 West 73rd Avenue, Westminster, CO  80030; 303-657-0360; or visit her website at: www.WaltemathLawOffice.com.

 


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