New York Estate Planning & Elder Law Blog
Much of estate planning involves preparations that can streamline matters in the aftermath of a death. The probate process can be long and drawn-out, forcing families to wait months before working out the basic details of asset transfer. Alternatively, by using trusts, the process can be far more seamless, saving time and taxes. Trusts are important for all New York families, not just those with significant assets.
While it is prudent to handle legal and financial details in a timely fashion following a death, as a practical matter, it is important to not “overdo” it. A helpful article from Mondaq offers a few thoughts on ways that family members can “jump the gun” and cause more complications by rushing to deal with various matters.
Causing More Complications
Conduct that should be avoided in the immediate aftermath of a passing includes:
Acting as executor before officially be appointed by a court: A last will and testament names an “executor” to handle many of the administrative details. However, the appointment is not official until a court actually names the executor in the probate process. It is reasonable for a soon-to-be executor to take some basic steps to prepare for their role. However, in certain situations, this can go too far, such as when one signs contracts or enters into agreements beforehand. For example, one cannot sell the decedent’s home before officially being given the power to do so by the court.
Canceling accounts and credit cards immediately: Closing down a decedent’s financial life is often far more complex than family executors realize. There may be an urge to just cancel everything immediately. However, this can be a mistake, because there may be outstanding bills to be paid automatically from those accounts. Shutting them down can lead to bounced checks, late fees, and,ultimately, more hassle than if the financial details were handled more cautiously.
Quickly disposing of personal property: It is not uncommon for family members to be overwhelmed in the immediate aftermath of a death. A common response is to try to “get over it” as quickly as possible, often by getting rid of personal effects immediately. But this is often a mistake. Some items may need to be properly appraised, and it is important that the property (or the value of the items) go to the designated heir. Rushing this process can lead to tax problems and potential feuds.
For more tailored, specific help with any issues related to estate planning, probate, and administrative complexities following a death, please contact our New York estate planning attorneys today.