Losing a loved one is an emotional and challenging experience. Understandably, it can be overwhelming to think about trying to handle the necessary tasks that follow. Knowing what steps to take after a loved oneâs death can help you manage the process more effectively and with less stress. The Essex Junction attorneys at Unsworth LaPlante, PLLC explain seven important steps to consider in the days and weeks following the death of a loved one.
- Notify Family Members and Close Friends. One of the first steps to take after a loved oneâs death is notifying close family members and friends. This is often an emotional, but essential, task. You may also want to reach out to employers, schools, and other institutions where your loved one was involved. Depending on your loved oneâs wishes and religious beliefs, you may need to begin planning a funeral or memorial service shortly after.
- Secure the Decedentâs Home and Personal Belongings. Securing the decedentâs home and personal belongings is crucial to prevent theft, damage, or unauthorized access and will help with the probate process that the estate will undergo. If the decedent left behind a Last Will and Testament, the person named as the Executor in that Will is legally responsible for securing the decedentâs assets. If the decedent died intestate (without a Will), a close family member usually steps in and handles this step.
- Obtain Death Certificates. You will need to obtain several certified copies of the decedentâs death certificate which can be obtained from the Vermont Department of Health. These are necessary for handling various tasks such as closing bank accounts, claiming insurance benefits, and initiating probate.
- Locate the Will and Other Estate Planning Documents. If your loved one left behind a Last Will and Testament, the Will may contain instructions regarding funeral arrangements, the distribution of assets, and other final wishes. In addition to the Will, look for other important documents such as life insurance policies, bank account statements, and titles to property. These documents will be necessary as you begin the probate process and settle the estate.
- Initiate the Probate Process. Probate is a legal process that serves several important functions, including validating the Will (if one exists), paying any outstanding debts, and distributing assets to the beneficiaries. To initiate probate, you will need to file a petition with the probate court in the county where the decedent lived along with an original copy of the Will and a death certificate.
- Notify Financial Institutions and Government Agencies. It is important to notify banks, credit card companies, insurance providers, and government agencies of your loved oneâs death. This includes the Social Security Administration, which may need to stop benefits or provide survivor benefits. Canceling credit cards and closing bank accounts can help prevent identity theft and unauthorized transactions. Additionally, you may need to contact utility companies to stop or transfer services.
- Administer the Estate and Distribute Assets. Once the probate process is underway, the Executor will need to pay any outstanding debts and taxes before assets can be distributed to the beneficiaries as outlined in the Will or to the legal heirs according to state law. It is important to keep detailed records of all transactions and distributions during this process, as the Executor is accountable to the beneficiaries and the probate court.
Can We Help You with the Steps You Need to Take Following the Death of a Loved One?
For more information, please attend one of our upcoming FREE webinars. If you need assistance with the steps you need to take following the death of a loved one, contact the experienced Essex Junction estate planning attorneys at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is licensed in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance Read More!
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