do i need a lawyer when someone dies

If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

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What questions should you ask an estate attorney after a death?

If you cannot find a will or any other testamentary documents, then you will most likely need to find an estate or probate attorney to advise you on the legal aspects of settling your loved one’s estate. This attorney can also guide you through many of the steps discussed here. What else needs to be done within a few days of a loved one’s death?

When do you need an estate or probate attorney?

You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force. Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction.

What happens to a power of attorney when a person dies?

Oct 23, 2021 · After someone dies, family members will need to locate all of the decedent's important papers. It will give family members and, if necessary, the estate attorney assisting the family with settling the decedent's final affairs, all of the pertinent information needed to complete probate or the trust settlement process .

Is it possible to handle an estate without a lawyer?

May 26, 2020 · Deciding whether to go through probate when someone dies can be a complex question. If you have additional questions, it is wise to speak to an experienced probate attorney who can thoroughly evaluate your legal situation.

What should you not do when someone dies?

Top 10 Things Not to Do When Someone Dies1 – DO NOT tell their bank. ... 2 – DO NOT wait to call Social Security. ... 3 – DO NOT wait to call their Pension. ... 4 – DO NOT tell the utility companies. ... 5 – DO NOT give away or promise any items to loved ones. ... 6 – DO NOT sell any of their personal assets. ... 7 – DO NOT drive their vehicles.More items...•Apr 13, 2019

What happens to a case when someone dies?

When a plaintiff or defendant in an existing lawsuit passes away, the civil court hearing the case may "stay" the matter, putting it on hold until the probate court appoints an estate representative. The court handling the litigation then substitutes the personal representative for the deceased person's interests.

Can a suit be filed against a dead person?

It is a settled law that no suit can be filed against a person already deceased, but what happens when a defendant in a civil suit dies during the pendency of a suit? The Code of Civil Procedure 1908 covers this issue U/O XXII.May 12, 2020

What happens when a party to a suit dies?

From the point of view of the Court, the case will continue even though the party is deceased. It is up to the executor of the estate of the decedent to bring the relevant motion before the Court to substitute into the action.

How to get a death certificate if someone dies at home?

But if your relative died at home, especially if it was unexpected, you'll need to get a medical professional to declare her dead. To do this, call 911 soon after she passes and have her transported to an emergency room where she can be declared dead and moved to a funeral home. If your family member died at home under hospice care, a hospice nurse can declare him dead. Without a declaration of death, you can't plan a funeral much less handle the deceased's legal affairs.

What happens when someone you love dies?

When someone you love dies, the job of handling those personal and legal details may fall to you. It's a stressful, bureaucratic task that can take a year or more to complete, all while you are grieving the loss. The amount of paperwork can take survivors by surprise.

Where do you have to go to probate?

Probate is the legal process of executing a will. You'll need to do this at a county or city probate court office. Probate court makes sure that the person's debts and liabilities are paid and that the remaining assets are transferred to the beneficiaries.

Who can help you with financial issues?

You'll need the help of others, ranging from professionals like lawyers or CPAs, who can advise you on financial matters, to a network of friends and relatives, to whom you can delegate tasks or lean on for emotional support.

What to do if your loved one has a CPA?

If your loved one had a CPA, contact her ; if not, hire one. The estate may have to file a tax return, and a final tax return will need to be filed on the deceased's behalf. “Getting the taxes right is an important part of this,” Harbison says.

How to track down a deceased person?

To track down all those who need to know, go through the deceased's email and phone contacts. Inform coworkers and the members of any social groups or church the person belonged to. Ask the recipients to spread the word by notifying others connected to the deceased. Put a post about the death on social media.

Do you have to stop Social Security if you die?

• The Social Security Administration: If the deceased was receiving Social Security benefits, you need to stop the checks. Some family members may be eligible for death benefits from Social Security. Generally, funeral directors report deaths to the Social Security Administration, but, ultimately, it's the survivors’ responsibility to tell the SSA. Contact your local SSA office to do so. The agency will let Medicaid know that your loved one died.

What to do if someone dies?

(Decedent is a legal term for a deceased person.) Contact family members and close friends first, but after that , you should notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information.

How long after death do you have to prepare for a funeral?

After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.

What is the process of probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived.

Who is the administrator of an estate?

The estate administrator, also called the executor or personal representative, is usually the only person with the legal authority to manage the estate through the probate process – or at least, manage the estate after it’s been submitted to a probate court.

What is estate after death?

An “estate,” in legal terms, is the collection of assets, debts, and other issues left behind by a decedent.

Do you have to pay estate taxes?

In general, you, as an individual, are never responsible for paying estate expenses. This includes any estate taxes that the estate might have to pay. Inheritance taxes, on the other hand, are different. If you receive an inheritance and live in one of the few states with an inheritance tax, it’s your responsibility to determine if the tax applies to you, and how much you have to pay.

What is unsupervised probate?

Unsupervised formal probate requires executors to get court approval for specific actions, such as using estate funds to pay creditors or distributing assets to beneficiaries. Supervised Formal. Formal probate is the most rule-intensive probate process, and has the most court involvement and supervision.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is word of mouth reliable?

With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think. It is important to notify everyone you know when a loved one dies. Not only will they want to attend the memorial service, but they may have an interest in the estate as well.

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What happens after someone dies?

Updated July 30, 2020. After someone dies, family members will need to locate all of the decedent's important papers. It will give family members and, if necessary, the estate attorney assisting the family with settling the decedent's final affairs , all of the pertinent information needed to complete probate or the trust settlement process .

What is a beneficiary designation?

Beneficiary designations: For life insurance, retirement accounts, payable on death accounts and transfer on death accounts. Deeds for real estate: There is a common misconception that the original deed is needed, but a copy is fine.

Who is Julie Garber?

Julie Ann Garber is an estate planning and taxes expert. With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications. She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994.

What are prenuptial agreements?

Prenuptial agreements (Including any amendments) Postnuptial agreements (Including any amendments) Loans (Including personal loans, lines of credit, and mortgages, along with the original promissory notes .) Leases (including real estate and automobile leases.)

Who is Peggy James?

Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university, and prior to her accounting career, she spent 18 years in newspaper advertising. She is also a freelance writer and business consultant. After someone dies, family members will need to locate all ...

What is probate judge?

As a judicial process, the probate judge is essentially providing legal oversight of the transfer of assets to others, whether or not there was a final will. When a loved one passes away, it’s common to wonder whether you have to go through the probate process.

What is the process of probate?

Probate is the legal process used to administer a deceased person’s estate by gathering assets, settling debts, and ultimately providing financial distributions to members of the family. As a judicial process, the probate judge is essentially providing legal oversight of the transfer ...

Steps 1-5

Steps 1-5#N#1. If the death occurs at home, you may need to contact a local police officer or coroner.#N#2. Notify family and friends. You may want to consider having family members contact others to save yourself some time on the phone during a stressful period.#N#3.

Steps 11-33 To Consider

Steps 11-33 To Consider#N#See the remaining items on my blog posted on April 4, 2008 at www.CaliforniaTaxAttorneyBlog.com

What to do if you know someone has a will?

If you know or suspect that your loved one had a Will and other legal planning done, attempt to locate these documents. Often, these will be stored with “memorial instructions” that explain, for example, what he or she wanted for a funeral and burial or cremation.

What to do if you can't find your will?

If you cannot locate the original documents, try contacting the attorney the Decedent may have used, as they may have copies of the documents on file. If there is no Will, someone will need to be appointed by the Court as the Administrator to manage the Estate.

How long can you leave a house vacant?

A higher premium may be required on homes that will be vacant longer than 60 days, but the alternative is the insurance company may not cover damage incurred if they were not informed the house was vacant. Notify the auto insurance carrier that any vehicles belonging to the Estate will not be driven.

Do you have to probate an estate?

In some cases, it may not be necessary to Probate the Estate. However, in most instances, it will be necessary for practical purposes. For example: Unless the property is in a Trust, you cannot change the title to real estate without opening Probate.

What is estate administration?

Estate Administration is the process of accounting for the property left after someone passes away and distributing that property to those who are legally entitled to it. To do that, you’ll need a full picture of the Decedent’s financial situation, including all assets and debts.

Is it hard to lose a loved one?

Losing a loved one is hard. The days and weeks after a loss are often fraught with grief, questions, and unfortunately, family complications. It’s a terrible time to try to think through a legal process clearly. It’s often a challenge just to know where to start .

Can a veteran receive additional benefits?

If your loved one was a veteran, contact the Veteran’s Administration as soon as possible, as your loved one may be entitled to additional benefits for funeral or burial costs. In some instances, a surviving spouse or dependent children may also be eligible for continuing benefits.

What is a decedent's property?

The decedent may have assets held in trust, owned jointly with other persons (i.e. real property owned in a tenancy by the entirety with the surviving spouse) or designated to go to a certain beneficiary upon his/her death (i.e. life insurance policy), which will pass to the appropriate persons outside of probate.

What is formal probate?

Formal probate proceedings, like informal proceedings, are usually ‘unsupervised,’ with court involvement ending when the order concerning testacy (whether the decedent died with or without a will) and appointment of a personal representative is entered.

How long does it take to settle an estate?

Informal probate is commenced first by mailing notice to heirs, devisees and other interested persons at least seven days before filing a petition for informal probate with the court.

What is voluntary administration?

Voluntary administration may be used in instances where the decedent left an estate consisting only of personal property (no real estate) having a total value not exceeding $25,000, exclusive of the value of one automobile.

How long does probate take in Massachusetts?

The probate process in Massachusetts will take at least six months, however, it is not usual for it to take longer than a year, particularly since creditors have one year from the date of the decedent’s death to file claims against the estate. The more complex and contested an estate is, the longer it will take.

Is it hard to deal with a loved one's death?

Dealing with the death of a loved one is a tremendously hard , emotional experience. Everything seems to happen very quickly and , in addition to grieving and making funeral or memorial service arrangements, the thought of going through your loved one’ s possessions can be overwhelming. With hopes of making this experience a little more bearable, ...

What to Do Upon Learning of The Death

Manage and Settle The Estate

Pay For Estate Expenses

Types of Probate

• Probate is a legal process that applies after someone dies or becomes incapacitated. All states have specific laws that cover probate cases, and though many of these laws are similar, differences between individual states can be significant. In general, you can divide probate cases into two main types: small estate (or summary) probate, and traditi...

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The Probate Process

Other Issues to Consider

Final Word