do you need a lawyer when your only elder parent dies

It is always a good idea to consult an attorney after the death of a parent, even if you do not ultimately hire one. Some heirs will think it logical to retain the services of the attorney who prepared the will. Other heirs may be against getting legal help, having concerns about the cost.

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Do I need an elder law attorney?

Jan 25, 2022 · Most areas of the law focus on a specific discipline, and elder law attorneys focus on a specific type of person. The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care ...

Should I consult an attorney after the death of a parent?

Sep 01, 2016 · It is always a good idea to consult an attorney after the death of a parent, even if you do not ultimately hire one. Some heirs will think it logical to retain the services of the attorney who prepared the will. Other heirs may be against getting legal …

What are elder law laws?

Oct 16, 2018 · Yes. A minor or a full-time student age 19 or younger can receive 75 percent of a deceased parent’s Social Security benefits. An adult child who was disabled before age 22 can also receive these benefits. If the child has another living parent, she can receive half of the deceased parent’s Social Security benefits.

Do I need probate if someone dies?

Call for help. 833-890-0666. Free no obligation consult with a lawyer. master:2022-04-13_09-33-18. Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large ...

What does "one wrong word" mean in elder law?

One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.

What do you leave to your loved ones when you die?

Your estate, on the other hand, is what you leave to your loved ones when you die and how you leave it to minimize probate complications and potential estate tax liabilities. Numerous options are available to adjust as economically and efficiently as possible to plan for all eventualities.

Can you set up a revocable living trust for someone else?

For example, a revocable living trust can be set up for someone else to take over management of your assets if a time comes when you can no longer do so yourself. An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.

Do elder law attorneys charge by the hour?

Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Can a will be a personal representative?

These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

What to do when your parents die?

Checklist: 7 things to do when a parent dies. When your mom or dad dies, the emotions are overwhelming. Dealing with the legalities surrounding the end of a parent’s life may be the last thing you feel like managing, but logistical and financial decisions must be made. Amid calling family and friends, arranging a funeral, ...

What to do if you are the executor of your parents estate?

If you are the executor of your parent’s estate, you want to avoid any potential liabilities that could occur , such as distributing funds improperly. A lawyer can help in that regard, and their services could save an estate thousands of dollars.

What happens if your parent's estate is under $20,000?

“If the estate is under $20,000, the surviving spouse or domestic partner shall be entitled to all of the real and personal assets ,” says Ambrose.

What documents are needed to find your parents last will and testament?

Along with locating your parent’s last will and testament, other important documents to gather include: Tax returns for the last two years. Insurance policies (life, homeowners, auto, and more) Investment account statements (IRAs, mutual funds, pensions, 401 (k) plans, and more) Most recent checking account statements.

Is probate a simple process?

Unless the will is contested, probate is a fairly straightforward process. But absent a will, things get more complicated. “If you cannot find the will or it has been determined that the decedent failed to make a will, then the decedent died intestate and you proceed to administration,” says Ambrose.

Can you close a bank account without a death certificate?

Banks, investment companies, creditors, government agencies, and the like will not discuss your parent’s financial affairs without a death certificate. You won’t be able to close account s or accept payouts from any agencies without a death certificate.

Do thieves scour obituaries?

Plenty of thieves have been known to scour obituaries, targeting people who seem like they may have lived alone and now have a home standing vacant. Be sure to put a stop to any newspaper deliveries and have the mail held or checked daily by someone you trust so that the home doesn’t look uninhabited.

What happens to an adult child when an elder parent dies?

Rights of Adult Children When an Elderly Parent Dies. How Is a Beneficiary Removed from a Will? When an adult dies, his loved ones may inherit his assets. These loved ones often include the deceased’s spouse and adult children, but can also include grandchildren, siblings, parents and even other relatives, in some situations.

What happens to an adult when he dies?

When an adult dies, his loved ones may inherit his assets. These loved ones often include the deceased’s spouse and adult children, but can also include grandchildren, siblings, parents and even other relatives, in some situations. Figuring out inheritance rights can be confusing, especially when the beneficiary is working through the grief ...

What are the inheritance rights of a deceased parent?

These factors are: Whether your parent has a surviving spouse. Whether your parent had a valid will when he died. If a will exists, whether you are included in the will. The state where your parent lived before he died.

How to assert your rights as a beneficiary?

It is not always easy to assert your rights as a beneficiary, especially when you are facing conflict from your siblings or other loved ones. If you feel you cannot assert your rights sufficiently on your own, consider working with an estate planning lawyer to ensure that you receive the assets you are entitled to receive and that you are able to make the choices you are entitled to make. Typically, estate planning lawyers work with individuals planning their own estates, like making wills and setting up trusts, but an estate planning lawyer has the knowledge to effectively advocate for a beneficiary as well in this type of situation.

How much of a deceased parent's Social Security can a child receive?

A minor or a full-time student age 19 or younger can receive 75 percent of a deceased parent’s Social Security benefits. An adult child who was disabled before age 22 can also receive these benefits. If the child has another living parent, she can receive half of the deceased parent’s Social Security benefits.

Why do siblings fight?

A few specific reasons why siblings fight include: Disagreements regarding the parent’s funeral and burial. Resentment of siblings’ involvement levels with the parent prior to death. Jealousy over the parent’s will. Disagreements over whether the parent’s will is valid.

Why do siblings fight after losing a parent?

There are many reasons why adult siblings fight after losing a parent. These reasons vary from family to family and are often tied to the circumstances that preceded the parent’s death, such as the type of care she received or the decisions the sibling tasked with power of attorney for the parent made.

What happens if there is not enough money in an estate?

But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

What are the tasks that require expertise and experience?

Managing, appraising, and selling a business are all tasks that require some expertise and experience. You'll probably want expert advice. No one is fighting. If disgruntled family members want to contest the will, or are threatening a lawsuit over the will, get a lawyer's help right away.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Is probate easier in states?

Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.

Do you need probate if you have a trust?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

What to do if your parent doesn't have an accountant?

Pay your parent’s taxes: If your parent didn’t have an accountant and you don’t feel comfortable filing taxes yourself, ask friends and relatives for help finding a reputable accountant to file on your parent’s behalf.

What is a funeral home?

1. a major expense for many people. Costs do vary, however, depending on whether burial or cremation is chosen. It may be comforting to know that the Federal Trade Commission has a say in how funeral homes operate, and offers its own checklist to help you through this decision-making process.

Why is paying off debt important?

Whatever the case, paying off debts is important for avoiding interest charges. This includes car loans, home loans, credit cards and medical debts. Manage the home: If your parent lived alone, it can be difficult to decide what to do with their home.

What is the hardest part of managing a parent's money?

Settle debts: One hard aspect of managing a parent’s money is paying off debts. If your mom or dad had a loan with a spouse, the spouse may be responsible for the debt. Otherwise, the executor of the will is probably the person who will handle this. 3. If there is no will, the court will appoint an executor.

How to settle a parent's will?

The best path to settling your parent’s will, especially if there’s an inheritance, may be hiring a probate attorney familiar with state and local laws. Ask trusted friends for a recommendation or contact the local legal bar.

Is it hard to prepare for the death of a parent?

Whether it’s expected or sudden, the death of a parent is a stressful time for most. While it’s hard to prepare yourself emotionally , there are steps you can take to manage the practical issues a bit more easily . Finances, for one, can feel like a maze of paperwork, digital records, passwords and perhaps even shoeboxes.

Can you transfer bank accounts to a beneficiary?

With proof of death, you may be able to transfer the accounts to the beneficiary. Certain bank accounts are also set up as “Payable on Death” or POD, which means the assets transfer directly to the beneficiary outside of the probate process. Settle debts: One hard aspect of managing a parent’s money is paying off debts.

What does an executor do?

An executor is the person named in the will to serve as the personal representative of an estate. They handle all the administrative tasks of the estate during the probate process, including communicating with the probate court, creditors, and beneficiaries named in the will.

Checklist when your parent dies

The days immediately following a parent’s death may be wretched — especially if their passing was sudden. As executor, you’ll need to manage some things right away. Other tasks can wait a bit and will be spread out over the next few months.

Executor tasks to handle immediately

Unfortunately, some tasks must be handled quickly after a death. If there are family and friends that can help you bear the load, reach out to them and ask for support. Delegate tasks that are too emotionally challenging.

Executor tasks to handle in the coming weeks and months

The probate process may last for several months or even years, depending on the complexity of the estate and whether conflicts arise among loved ones.

What is the probate process?

Laws vary by state, but the probate process usually starts with an inventory of all assets (personal property, bank accounts, house, car, brokerage account, personal property, furniture, jewelry, etc.), which will need to be filed in the court. For the physical items in the household, Harbison suggests hiring an appraiser.

How to close a bank account on behalf of a deceased relative?

Contact customer service and tell the representative that you're closing the account on behalf of a deceased relative. You'll need to provide a copy of the death certificate to do this, too. Keep records of accounts you close, and inform the executor of any outstanding balances on the cards.

What to do if your relative 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.

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.

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.

How to prevent identity theft?

Close email accounts. To prevent identity theft and fraud, it's a good idea to shut down the deceased's email account. If the person set up a funeral plan or a will, she may have included log-in information so you can do this yourself. If not, you'll need copies of the death certificate to cancel an email account.

What happens when one parent dies?

When One Parent Dies the Other Often Needs a Long-Term Care Plan. Long-term marriages generally evolve into a support system so efficient that even adult children hardly notice changes in their parents. If Dad's hearing is poor, Mom becomes his ears. If Mom's arthritis is bad, Dad becomes her muscle.

What happens if your dad's hearing is poor?

If Dad's hearing is poor, Mom becomes his ears. If Mom's arthritis is bad, Dad becomes her muscle. If one of them has memory loss, the other fills in the gaps so smoothly that it's barely noticeable to onlookers. Then, either Mom or Dad dies. The person remaining suddenly is more frail and needy than anyone would have expected.

What is the frailty of surviving parents?

The frailty of the surviving parent becomes a stark reality. The double whammy for grieving adult children may be that the funeral of one parent becomes a time for planning for the care of the surviving parent.

How to help your siblings if you have lost a parent?

You can't fix any of this. Try to get some time to yourself to think things through. Also, try to get some alone time to just relax. Bring in friends of the family or other siblings to give one another breaks.

Who is Carol Bradley Bursack?

Over the span of two decades, author , columnist, consultant and speaker Carol Bradley Bursack cared for a neighbor and six elderly family members. Her experiences inspired her to pen "Minding Our Elders: Caregivers Share Their Personal Stories," a portable support group book for caregivers.

Is it hard to die a parent?

The death of a parent is tough, whether it's sudden or a long time coming. The advantage of a slower death is that there may have been more time to prepare, however human nature being what is, often people don't use that time well. Of course, a sudden death can throw everyone back by the very nature of the shock. Either way, unless there is a solid reason to do otherwise, it's generally unwise to make changes too quickly, if they can't easily be undone.

Do surviving parents need comfort?

Naturally , adult children of a couple such as the one described above would expect the surviving parent to go through the grief process and need a lot of comfort and care for awhile. However, more often than many would expect, that comfort and care morphs into long-term care needs. The frailty of the surviving parent becomes a stark reality.