The Basics: A Loved One Passed Away. Now What?

Estate planning attorneys work with families before a death to ensure the legal pieces are all in place for a smooth transition of assets free of conflict, tax savings, and the carrying out of one’s specific wishes. Sadly, many New York families will lose a loved one without having conducted any planning; they are thrown into a confusing administrative situation in the midst of grief. In fact, even when one has a plan in place, there may be confusion about exactly what to do in the aftermath of a passing.

For that reason it is worthwhile to discuss the “nuts and bolts” issues following a passing. A Huffington Post article recently touched on the basic question: “What to Do When a Loved One Dies.”

For starters, immediately upon discovering the passing, the authorities must be notified. This task may fall to a family member depending on the situation. Is the death occurs at the hospital or nursing home, employees there may handle it. However, if one dies at home, the first call should be 911. Don’t forget, timing matters in this regard. For example, if the individual is an organ donor, then waiting too long may make the organs unable to be used. Of course, having conversations with family members ahead of time about organ donation wishes is imperative.

After the authorities are involved it is time to notify other loved ones, begin the funeral arrangement process, and handle any immediate needs. Those immediate needs may include taking care of the individual’s pets, locking up their home, and similar matters. When it comes to the funeral, hopefully a will and other estate planning documents are available to outline the individual’s wishes. In most cases, when working with a funeral home, the employees at the facility will provide some guidance on common aspects–like creating an obituary.

Following the services, the legal and administrative chore truly begin. The executor will take charge at this time. Hopefully the executor is aware of their tasks and appointed well ahead of time–if not, the court will choose someone.

Settling the estate will involve contacting creditors, dealing with those in charge of financial documents, working with insurance companies, gaining access to bank accounts, cancelling various services, calling the Social Security Administration, handling DMV issues, begin mail forwarding with the U.S. Postal Service, and many other big and small tasks.

As this very brief overview makes clear, the process can very quickly get overwhelming. It is little wonder that more and more are relying on professionals to aid at these times.