Whether a loved one’s passing was expected, due to prolonged illness, or it happens unexpectedly, their passing is always a shock, often leaving behind questions of “what now?” among the survivors. If you have been named the person responsible for managing a loved one’s affairs, after there death, commonly called an executor or administrator (if your loved one had a will or if they had no estate plan) or a successor trustee (if they had a trust), you may find yourself overwhelmed by grief and a growing list of responsibilities. These responsibilities may range from planning the funeral, coordinating with relatives arriving from out of town, and meeting with an attorney to start the legal process of paying for final expenses and any outstanding debts so the money and property can be distributed to the appropriate recipients. First and foremost, be sure to take care of yourself during this emotional time. Even for families with estate plans, surviving loved ones often ask “what to do?”

What Should I Do?

To help you manage the responsibilities now on your plate, here is a quick checklist of important steps that will make it easier when you meet with an estate administration or probate attorney, like our team, to discuss handling your loved one’s legal affairs. Some of these tasks have important deadlines, so be sure to reach out sooner rather than later.

What to Do Immediately After Their Passing:

It’s tempting to first call your loved one’s estate planning attorney. While beginning the administration or probate process is important to do, speaking with an attorney can wait. Being with family and taking time to grieve is by far most important. A few other tasks to consider during this time might be:

• Immediately arrange for organ donation or donation of body for scientific research (if authorized before death).
• Contact funeral director or memorial society.
• Notify friends, relatives, employer.
• Arrange for help as needed with childcare, pet care, cooking, telephone duty, etc.
• Arrange for cemetery lot, mausoleum, niche, or other last resting place if necessary.
• Arrange funeral and/or memorial services with funeral home staff
• Provide obituary for applicable newsletters or online sites
• Arrange for after-service luncheon or gathering for friends, relatives, and loved ones.
• Obtain a minimum of 3-6 certified copies of death certificate. (These will be needed for a variety of tasks and having multiple copies will help prevent delays.
• Secure property and consider changing locks or installing security cameras if your loved one’s residences is not occupied after their passing.
• Notify the post office and consider forwarding your loved one’s mail to your address, if the home is not occupied. This ensures you receive important bills, account statements, and any other necessary correspondence.

What to Do After the Funeral:

With the service over, reaching out to begin the estate administration process is always a smart idea. Below are a list of tasks to work on before you meet with the attorney:

• Develop a list of your loved one’s advisors, including
  • Attorney — Estate Planning, Business, etc.
  • Financial Advisors
  • CPA
• Prepare for the attorney meeting by collecting:
  • The original estate plan documents, especially the originally signed will,
  • Any asset information (such as bank statements, investment and brokerage account statements, life insurance and retirement paperwork)
  • Prior tax returns
  • Compile information about any debts, bills, or ongoing expenses—such as credit cards, loans, or utility payments
• Notify agencies and apply for appropriate benefits
  • Social Security Administration
  • Veteran’s Affairs
  • Worker’s Compensation
  • Pension
• Notify the agencies listed below to cancel the following and help prevent identity fraud using your loved one’s information:
  • Medicare
  • Credit card or the major credit bureaus
  • DMV (for driver’s license and voter registration) / Passport office
• Make certain that property and casualty insurance coverage continues on personal effects, vehicles, real estate, and any items in storage. Be sure to also contact insurers for life, auto, homeowner’s or renter’s, and other important policies. While some coverage may no longer be needed and can eventually be canceled, you may need to wait until you are formally appointed executor or personal representative by the probate court to take official action. That said, you can often begin gathering the necessary paperwork in the meantime to avoid delays later on.
• Identify digital assets, including:
  • Email accounts
  • Social media profiles
  • Cloud storage, and
  • Online financial or shopping accounts.
  • This is particularly important for any accounts with auto-renewal connected to a bank account or credit card. Locate login information, including the login information for your loved one’s phone as this is often needed for two-factor authentication and account changes.
• Contact your loved one’s employer regarding work-related benefits, final paycheck, unused PTO, or life insurance.
• Contact utility companies such as electricity, gas, water, internet, phone, etc.) and either stop service or arrange for payment.
• Prepare a list of your loved one’s surviving family members, including contact information when available. Even if certain relatives are not named in the trust or will, we still need to be aware of all close family members. If you know of anyone else named in the will or trust (such as a friend or a charity), please include their contact information.

If your loved one wrote any non-legal documents, such as family letters, sharing personal values, life lessons, hopes, and messages for future generations, consider sharing that with the appropriate people in a thoughtful way. You may even want to print and distribute copies to close family members or others who would find meaning in the words.

You may be thinking about handling all the paperwork yourself. It is a tempting thought; why not keep things as simple as possible? However, taking a do-it-yourself approach to estate or trust administration can lead to costly mistakes and serious consequences for you and your loved one’s desired beneficiaries. There are many rules and legal steps involved, and even a small mistake can have big consequences.

Here To Help

We are here to help you steer clear of the common obstacles that may arise when settling a loved one’s affairs, so you can focus on yourself and your family during this difficult time. We can help you manage estate- and trust-related concerns as well as point you toward other useful resources. Nielsen Law PLLC Provides family-focused estate and business planning to individuals and families in Austin, Round Rock, Cedar Park, and the Central Texas area. For more information, and to learn about our firm, please contact us to learn how.