First 10 Steps to Take After a Loved One’s Death

When a loved one passes away, there are many issues families need to navigate while dealing with their grief. With all the details to take care of, it may be hard to know where to start. Within the first days and weeks of your loved one’s death, make sure to take the following steps:

  1. Make funeral arrangements.  Your relative may have purchased a prepaid burial plan or discussed their plans for a funeral with you before their passing. If this was not discussed, search your relative’s important papers. He or she may have left a letter of instruction or designated an agent to make funeral plans. Otherwise, your relative’s next of kin will be tasked with burial arrangements. Consider involving other family members to get input on what the funeral might look like and what you’re prepared to spend.
  2. Order multiple copies of death certificate. Order a few more than you think you’ll need; I advise clients to ask for at least 10 copies. The funeral home can assist you with ordering death certificates. If you are an immediate family member, you can also request additional copies online through the Texas Vital Statistics website.
  3. Look for a will. If your relative died with an estate plan in place, you should locate and safeguard the will as soon as possible. That document will name an executor and describe how property should be divided after their death.
  4. Forward mail to executor’s address. Reviewing your relative’s mail can provide clues as to estate assets, debts, and recurring charges.
  5. Freeze credit card accounts and cancel unneeded services. Call the customer service phone number located on the back of the card or account statement to notify the credit card company of your relative’s death. Note that only your relative’s estate, not you personally, will be liable for unpaid amount. You should also review the account statements for any autopay or recurring debits to cancel those services, including Netflix or cellphone bill If any charges were made after the date of your family member’s death, contact the vendor to reverse those charges.
  6.  Notify banks and brokerage companies. Contact all banks and brokerages where you relative had an account and be prepared to provide a copy of the death certificate if requested. Be sure to retain account statements to make a record as of the day of death. Tracking down all assets can be a tricky process. Look through your family member’s tax records and mail for hints to where he or she might have had open accounts.
  7. Contact insurance companies. If your relative had a life insurance policy, contact customer service to begin the claims process. You should also cancel health and auto insurance policies and request a refund of any unused premium.
  8. Notify social security and Medicare. The funeral director typically informs the Social Security Administration of your loved one’s death. If social security payments are being deposited into your relative’s account, you may be liable to return those payments made after death. If your relative had a plan under Medicare Advantage, Medicare Part D coverage, or a Medigap policy, be sure to also contact the customer service number on membership documents as well.
  9. Notify the landlord or secure the residence. If your relative rented his home, contact his or her landlord to get access. You might need to hire a moving company and rent a storage unit if you want to avoid monthly rent before you’re ready to sort through their belongings. If your loved one owned his home, be sure to lock and secure the premises. Send a copy of the death certificate to the mortgage company, if any, and retain a copy of the most recent mortgage statement.
  10. Consult a trusts and estates attorney. An experienced estates attorney can walk you through your family’s options, which depend on if your relative had a will, the size and nature of his or her estate, and who the estate beneficiaries are. Not all estates are administered through the probate court.
The Risks of Informal Real Estate Transfers

The Risks of Informal Real Estate Transfers

It’s a common occurrence: a family member passes away, but Mom named a beneficiary on her bank account and all the heirs agree who should now get the house.   It seems simple enough to resolve without involving a lawyer and going to probate court, right?

Maybe not!  A report in the Philadelphia Inquirer illuminates the problems families encounter when an estate is never opened and the legal ownership of the family home still lists long-deceased owners.  Heirs who may have been paying property taxes and upkeep for years may find themselves unable to obtain a mortgage or sell the property.  This could leave heirs in rapidly-gentrifying areas in a bind, unable to sell or keep up with escalating taxes.  Addressing the title transfer of real property is an important step in wrapping up your loved one’s affairs. When homes are sold, one of the roles a title company is to make sure the seller has legal authority to transfer the property.  When deed records show property is in the name of a deceased relative, sellers may have to scramble to locate decades-old documents or file additional affidavits and paperwork with the court. Clearing title to inherited property is crucial to preserving wealth.

Many of the issues surrounding unclear chain of title can be alleviated with careful planning while the homeowner is still living. For many families, the home is the primary source of wealth, and those concerned about providing for younger generations need to carefully consider drafting a will or using other estate planning techniques. Careful planning will go a long way in making sure the family home cleanly passes to your descendants.

In Texas, there are several ways to clear title to property, including distribution or sale through the probate process, recording the will as a muniment of title, or filing an affidavit of heirship in the real property records. Before death, executing a deed with a contingent beneficiary or utilizing a revocable management trust can make the transfer to the next generation automatic. Consult with a qualified estate planning and probate attorney today to preserve your family’s legacy.