Legal-Ease: Steps for When a Loved One Passes Away - Part Two

Foster Swift Collins & Smith
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Foster Swift Collins & Smith

This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral. This article and my third article address those things that don’t typically need to be done until after the decedent’s funeral. If the funeral is delayed, however, there should be no similar delay in addressing the matters that need to be addressed.

The person acting should do the following:

  • Locate decedent's important papers, including:
    • Legal documents including decedent's will and/or trust, and any other pertinent estate planning documents.
    • Life insurance policies.
    • Annuities.
    • Social Security card.
    • Tax returns.
    • Bank and broker statements.
    • Investment account statements.
    • Stock certificates, bonds and mutual funds.
    • Pension/retirement plan statements.
    • Motor vehicle titles.
    • Corporate stock certificates, limited liability company membership certificates or other documents evidencing ownership in a business or businesses.
    • Real estate deeds, land contracts, mortgage documents and promissory notes (including notes evidencing monies owed to decedent and monies owed by decedent).
    • Car insurance policy.
    • Homeowner's insurance policy.
  • Obtain copies (10-20) of decedent's Death Certificate.
  • Locate the names and contact information of the decedent's professional advisors.
  • Locate the decedent's user names and passwords to access computers and online accounts, as well as decedent's cell phone and other electronic devices.
  • Determine if there is a safe deposit box and if so, who has access to it.
  • If the decedent was employed, contact the employer's benefit's department to determine whether any death benefits are available and if so, the names of the beneficiaries who are to receive such benefits.
  • Contact decedent's financial advisor(s) and advise them of decedent's death.

The remaining matters that need to be addressed after a person dies will be covered in Part 3.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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