what do i do when a parent dies contact their lawyer

Make a diligent search for a will. Look through your parent’s records and file cabinets, talk to their close friends and other relatives, ask their accountant and any lawyer they worked with in the past. Look around the house for business cards of lawyers, accountants or financial advisors.

Full Answer

Do you need an attorney after the death of a parent?

There is no need for administration.” 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.

What to do when a parent dies suddenly?

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. Unfortunately, some tasks must be handled quickly after a death.

When to call an estate planning attorney after a death?

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.

What to do if your parent dies in Dallas without a will?

Shutt Law Firm provides probate court assistance if there was a will and when there was no will. If your parent has died in Dallas (or surrounding areas), consider contacting Shutt Law Firm for a free legal consultation. Remember, there are many simple and relatively inexpensive probate alternatives in Texas.

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 my parent leaves a will?

If your parent left a will, the executor submits it to a probate court, which validates its legality. Unless the will is contested, probate is a fairly straightforward process.

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.

How to get a death certificate for my parents?

A photocopy of the death certificate won’t be enough when it comes to managing the final affairs of your parent. Obtain at least 10 certified copies of your parent’s death certificate from the city clerk’s office or local vital statistics office. 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 accounts or accept payouts from any agencies without a death certificate.

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.

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.

How to help someone who lost a parent?

A friend who’s been through the loss of a parent can lend support, give advice, or simply lend an ear. There are also numerous grief groups and social media boards for exactly this reason. Finally, remember that nobody should have to go through this alone—delegate the tasks you’ve read about here and always accept help when it’s offered.

What to do if someone dies at home?

If they died at home under hospice care, call the hospice agency, which will handle things from there.

What to do if your parent is still working?

Call your parent’s employer. If your parent was still working, find out about benefits and whether a paycheck is due.

How to settle a will with a family?

Meet with the family attorney. To settle the will, families typically hire a probate attorney. He or she will begin by taking an inventory of your parent’s assets . Gather financial information about your parent’s debts and important bills so they can be settled. Involve your family attorney, if you have one.

What to do if your parents have a prepaid burial plan?

If your parent had a prepaid burial plan in place, you simply need to call the mortuary, and they will handle everything from this point forward.

How to cancel Medicare if you die?

Cancel Insurance. Once you’ve contacted the SSA, they will notify Medicare of the death. Canceling Medicare Prescription Drug Coverage (Part D), Medigap, or their Advantage plan can be done by calling the numbers on the membership card. You also should cancel any health insurance offered by your loved one’s employer. Life insurance and homeowner’s and auto insurance should be canceled, too.

What to do if someone dies at home but not under hospice care?

If they died at home but not under hospice care, you will have to call 911. They will take the person to a hospital, where a doctor makes the pronouncement.

Why do parents name executors in wills?

If your parent named you as executor in their will, it’s likely because they saw you as someone trustworthy and responsible who could handle the task. You may feel honored to have this role. You may also feel overwhelmed by the road ahead.

What is the name of the personal representative of an estate where the decedent died without a will?

If you’re serving as an administrator rather than an executor, your tasks will be largely the same. An administrator is the name for the personal representative of an estate where the decedent died without a will.

How to set up an estate account?

That separation makes record-keeping easier and reduces the risk of commingling of funds. You can open an estate account by getting an EIN number for the estate and bringing all necessary documents (the EIN number, the death certificate, the court’s order naming you as executor) to the bank.

How long does probate last?

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 to do if your mom is living alone?

Manage the care of their home. If your mom or dad was living alone, make sure you or someone close by is taking care of their home. This includes things like checking the mail, discarding old food, turning off lights, and keeping the doors locked. You’ll also want to keep up-to-date on any utilities.

Who is the executor of a will?

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.

Is executor important?

An executor’s role is important, and it can be time-consuming. But it doesn’t have to be difficult or scary. We’ve included a checklist for the things to do right away and the things to do in the weeks and months that follow.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. 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.

How to get a copy of a death certificate?

Within a few days of the death or transfer to a mortuary or coroner’s office, you’ll want to contact the person who has control of the remains and request copies of the death certificate. State laws on who can obtain certified copies differ, but if a court has already named an executor or estate administrator, it will be that person’s job to obtain copies. If there is no court appointed representative, it will be up to a family member to obtain the certified copies of the certificate.

How to start 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. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.

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.

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.

How to claim an estate without a court?

In this process, anyone who believes they are entitled to some of the estate can claim that property without the court’s involvement by creating a sworn document, called an affidavit, that states what property you’re entitled to. You don’t have to file the affidavit with the court, but you must use it when you claim the property. For example, if you inherit money that’s currently in the decedent’s bank account, you can present the proper affidavit to the bank and they will transfer the money to you. (It’s worthwhile to note that you have to complete an affidavit under the penalty of perjury. So, if you lie in the affidavit and claim property that you’re not entitled to, you can be charged with a crime for your actions.)

What is the process of settling an estate?

The estate settlement process is the legal process of disposing of the assets, paying the debts, and addressing any other questions or legal issues that might arise, such as who becomes the owner of the decedent’s pets, or who is legally responsible for caring for any young children who were in the decedent’s care.

Who to contact if deceased person filed taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues.

What to do if you don't receive a death certificate?

You will need a death certificate to claim certain benefits, and for the estate process as well. If you need additional copies of the death certificate, you should contact your local Department of Vital Records.

Why is it important to notify everyone you know when a loved one dies?

You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate.

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.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

How to protect assets in a death?

The best way to protect the assets is to open the estate right away. The court will name an executive or personal representative, and that individual will be charged with protecting the assets and distributing them in accordance with the wishes of the deceased.

What to do if your parents estate is in probate?

You’ll also have to send notice to your parent’s creditors that her estate is in probate, advising them how to make claims for the money they’re owed. You can check your state’s website to find out how you’re required to do this or consult with a lawyer to make sure you get it right.

How to get your parents property in probate?

Some property might require professional appraisals . You’ll also have to send notice to your parent’s creditors that her estate is in probate, advising them how to make claims for the money they’re owed. You can check your state’s website to find out how you’re required to do this or consult with a lawyer to make sure you get it right. You’ll have to prepare a final tax return for your parent as well as for the estate if any funds come in after her death; an accountant can help you with this. Check to see if your state has an estate tax. Federal estate taxes are only due if the value of your parent’s estate -- after subtracting debts, liens and the costs of probate -- exceeds $5.34 million as of 2014.

What happens if my parents die without a will?

When it comes time to distribute your parent’s property to beneficiaries, you won’t have any say in who gets what if she died without a will . All states have rules for intestate succession, which is a statutory list of people who are entitled to inherit. If your other parent is alive, he’ll get a sizable portion of the probate estate and the balance would typically go to you and your siblings, if you have any. Otherwise, you and your siblings would inherit the entire estate. In some states, you must file a final accounting of the estate with the court before you can make distributions.

Why do courts have to appoint an administrator to handle an estate?

The court must appoint an administrator to handle the estate because a will doesn’t exist that names an executor to do it -- and the state will decide who gets your parent’s property because she didn’t name beneficiaries. Not all states do these things in exactly the same way, but some general rules apply.

Can you inherit a probate estate if your other parent is alive?

If your other parent is alive, he’ll get a sizable portion of the probate estate and the balance would typically go to you and your siblings, if you have any. Otherwise, you and your siblings would inherit the entire estate. In some states, you must file a final accounting of the estate with the court before you can make distributions.

What to do if a family member dies in hospice?

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.

How to settle a deceased family member's affairs?

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. You may take the lead in planning the funeral and then hand off the financial details to the executor. Or you may be the executor, which means you'll oversee settling the estate and spend months, maybe even years, dealing with paperwork.

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 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.

Why share a list with the executor?

Share the list with the executor so that important expenses like the mortgage, taxes and utilities are taken care of while the estate is settled.

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.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

What to do if you run out of copies of your death certificate?

If you run out of copies, the Department of Vital Records can be contacted for additional copies. Determine if taxes are current. Following the death, there are so many things to take care of, it can be easy to forget about the decedent’s taxes.

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