Resolving finances of a loved one who has recently passed away can be especially complicated, particularly if you were not looped in on that person’s individual plans well in advance. Thankfully hiring knowledgeable professionals such as an estate planning attorney can help you to resolve finances after a loved one has suddenly passed away. 

If your loved one made it difficult to find the relevant documents or store these with a code, it could take you months or even years to figure out what they intended. First of all, it can be difficult to move through this process while also coping with grief if you do not have the support of outside professionals. Don’t make any emotional decisions when you are in the immediate aftermath of coping with a loved one’s death. You can ask for help from a financial advisor or an estate planning attorney who should be knowledgeable about the probate process.

If your family member already had a financial advisor or an estate planning lawyer, this individual should be the primary point of contact. This person can be significantly helpful in tracking down hard to find accounts or coordinating with other professionals while you sort through your emotions. It is recommended that if you are serving as the personal representative or helping to close out the estate, you get multiple copies of the death certificate.

The funeral home handling arrangements can help you with this and it is recommended that you ask for at least a dozen but preferably 20, since you will need to provide these original death certificates to insurance providers, financial institutions and more. The human resources department of the person’s employer should be notified if the deceased was working at the time of his or her death. Ask whether or not there are any life insurance policies that were active or whether any benefits coverage could continue for family members.

The name of the company that administers the retirement plan should also be discussed at that point in time. The original will and trust, where applicable, should be identified as soon as possible because this can help to address many of the most common questions surrounding the probate administration process and closing out the estate. The support of a lawyer will help you during a time when you already have enough to worry about and when you are concerned about being able to address all of these issues effectively.

Understanding how long it could possibly take to settle an estate is an important issue that must be taken under consideration by anyone who is chosen to serve in the role of personal representative. A personal representative could even be held accountable for issues of personal liability if he or she is not careful in the way that they approach this individual role. 

The support of an experienced estate administration or probate administration attorney is recommended for anyone appointed as a personal representative. Before you name your own personal representative, you should inform this individual about the responsibilities associated with it and the potential issues that he or she might face when handling the end of an estate.

Closing out an estate requires many different administrative duties and some of these can be overwhelming or confusing without the insight of an attorney. When there are many different assets included inside an estate, even if appropriate estate planning has been done, there are many different aspects of closing out an estate and verifying that all relevant issues have been addressed. This includes creating an inventory of all of the assets, reviewing the necessary documents, notifying creditors, paying off taxes and then distributing the remaining assets to the loved ones. A proposed executor will also have to file all necessary paperwork and ensure that the relevant details have been recorded appropriately. If he or she fails to do so or is accused of violating existing laws, that person could be held personally accountable. You deserve to have the insight of an attorney who is thoroughly experienced in this area of the law, and who can advise you about what to anticipate so that you can minimize the personal representative’s issues and concerns about serving in such a role. A personal representative is an important role, but it is also one that must be handled with careful detail and organization. A person chosen to serve in this particular capacity must be comfortable with doing so.     

Are you thinking about appointing someone to handle your estate after you pass away? This is a wise decision and one that should be discussed directly with your estate planning attorney, but it is equally important to sit down with the person you intend to appoint and to figure out whether or not they are clear about the many different tasks involved in settling an estate. Settling an estate means concluding the legal, financial and personal affairs of the person who passed away. 

Typically, a trustee of a trust or the executor of a will is the person in charge of the relevant tasks when someone passes away. Some of the more immediate needs that must be handled by this person include locating paperwork including trusts, burial and funeral arrangements, wills and any veterans’ information that could be connected to benefits. Furthermore, the social security administration and post office must be notified in addition to friends and family members.

Distribution of the decedent’s assets happens by inventorying and then titling the assets. If the decedent also had a trust, the trustee is responsible for distributing assets amongst the beneficiaries, according to the directions listed in the trust.

This is done without the interference of a court proceeding. An administration proceeding administrator, will executor, or trustee has to figure out all of the assets linked to the decedent to protect and manage those estate assets, to pay out any debts and taxes, and to distribute any remaining assets to beneficiaries regarding any specific wishes that were shared about personal or household items. It is very important that the person who steps into this role is prepared to do so and is detail oriented.

If you find yourself overwhelmed and with some anxiety after receiving a large inheritance, you’re not alone. This can be a stressful situation for many people because the influx in assets could be the biggest sum of money that they’ve ever had to be individually responsible for. There are some things you must consider in order to put those assets to work as effectively as possible. 

The first is to set aside a cash cushion for emergencies. In addition, you’ll also want to think about the benefits of estate planning. There’s a good chance that the inheritance you just received is due at least in portion to well-prepared estate planning and now is a great time to ensure that these assets continue on if something were to happen to you before these assets can be used.

If you have not yet put together a trust or a will, now is the appropriate time to do so. If you already do have estate planning, receiving a large inheritance should encourage you to review these materials with a fine-tooth comb to ensure that you have articulated what will happen to these assets if you were to suddenly pass away. You may wish to schedule a consultation with an estate planning attorney to discuss things such as guardianship, wills versus trust, maintaining separate property and powers of attorney. Having the insight provided by an experienced lawyer can help you to figure out the next steps that you should take to protect yourself as well as to make the most of the inheritance you have just received.

When there is no will established by a person, a personal representative or administrator will be appointed by the surrogate’s court. The first right to apply for the position of administrator is given to the surviving spouse but any heir of the decedent could be appointed. 

When one of multiple heirs wants to be appointed an administrator, all other heirs have to renounce their right to the appointed administrator. Usually a surety bond is required in order to cover the cost of real and personal property in the estate.

In order to apply for an administration, you will need a list of estate debts, a death certificate with a seal and estimate of the gross value of the estate, the names, and addresses of next of kin, and a blank check or cash for fees which vary with each estate. The first steps that are usually taken to handle the administration process include:

•       Locating the decedent’s will
•       Contacting social security
•       Securing all estate assets
•       Getting one or more original death certificates
•       Beginning a checklist of estate assets such as stocks, credit unions, and bank accounts
•       Keeping a list of medical expenses, utility bills, and charge accounts
•       Investigating veterans’ benefits, if applicable.
•       Arrange for the forwarding or pickup of mail

Consulting with an experienced estate planning attorney can help you to name a personal representative or administrator today such that your family members are not left with a difficult decision of determining whether or not they will serve in this role.