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When Someone Dies Legal Advice

The estate can be large and there can be many assets to manage that require expertise. Family members may not know what to do with the deceased`s business or how to manage their real estate. It may be necessary to appraise and sell real estate or other personal property. It is also a time when long-lost family members and separated families may need to be found. In addition, unexpected surprises such as skeletons from the deceased`s past may appear, such as an illegitimate child who comes forward and claims an inheritance. Disputes may arise between family members over the disposition of property. Most of the time, grieving family members are simply not willing to face or deal with all these unknown issues. ❑ If a death is expected soon, call the doctor or hospice to discuss what to do if or when a death occurs in your home. Susan Kostal, editor-in-chief of Legal Channel, has been covering legal issues as a journalist for more than 20 years. View full biography ❑ Make a list of regular invoices as a reminder. Be sure to note if these are automatic payment plans and note when payments are due.

❑ Safe – In Washington State, safes in the deceased`s banks are not sealed after a death. Anyone with lawful access always has the right to open the safe. Important documents such as a will and a final instruction letter may be in the safe. To learn what to do if no one is available with legal access to the vault, see the lists under Estates Administration, Safe Access, and Other Legal Assistance Resources at the end of this checklist. Handbook for Senior Citizens in Washington: Legal Rights and Resources of Legal Voice: This book and a wide range of other free and inexpensive legal publications are freely available on the Legal Voice website. You can also purchase a printed copy ($10) online or by phone. Phone: 206-682-9552 ext. 114 In many states, such as California, a will and a revocable life trust greatly facilitate the estate administration process because they can be dealt with outside of the court system. However, some seniors, especially those who lived through the Great Depression, are wary of trusts that require them to rename their assets when they put them into the trust.

If this is the case, the estate must go through the court system (probate). In California, this only applies if the value of assets, excluding retirement assets, trusts and joint rental assets, is greater than $100,000. This means that your work as executor of the estate will be monitored by the court. It`s a longer, cumbersome and more expensive process, and you want a lawyer to help you. We hope this checklist has been helpful to you. If you have any comments on this checklist or the information provided, please send an email. Your feedback helps us improve our material and keep the information up to date. Thank you very much.

For more information, see the “Estate and Estate Administration” section of the chapter Dealing with Death in the Handbook for Senior Citizens in Washington: Legal Rights and Resources. For additional resources on wills, estate administration, probate and other forms of legal assistance, see the lists in Estate, Safe Access and Other Legal Help in the Resources section at the end of this checklist. This publication contains general information about your rights and obligations. It is not intended to replace specific legal advice. Office of Financial Recovery, DSHS: For legally required notification of a death in Washington State. Send a notice of death (including the social security number of the deceased and a copy of the death certificate) by registered letter with acknowledgment of receipt. For more information, see the Columbia Legal Services publication Estate Recovery for Medical Services Paid for the State (listed below under For Estate Administration…). By phone: 1-800-562-6114 (toll-free); 360-664-5700; or TTY: 1-800-833-6388 Mail: PO Box 9501, Olympia, WA 98507-9501 For these reasons, it is quite common for family members, beneficiaries, heirs, or other interested parties to hire a New York estate attorney to provide legal advice and handle legal and tax matters. The attorney can help obtain the death certificate, review the will and trust documents, determine whether probate or probate proceedings should be filed in New York Surrogate Court, and other estate administration matters. Note that all property held in the name of the deceased alone at the time of the deceased`s death is subject to succession.

Assets paid into a trust held jointly or with named beneficiaries, such as life insurance, are excluded from the estate and automatically transferred to the beneficiaries. You and your siblings now have to make some decisions, even if you shouldn`t feel rushed. For example, there`s no need to sell your parents` house now, Friedman says. “Assets don`t need to be converted into cash to distribute them,” she says. The trust can continue to own the home, with all rental income distributed to the heirs. Or, if the trust is to be dissolved, children can choose to co-own the home and sell it later, when the market is stronger or when they finally feel able to give up the family home. It`s also helpful to keep all the important information in one place and let someone know where you`re keeping it. Because many of the issues that arise in estate administration are complex and require legal expertise, an experienced probate and probate attorney in New York plays an important role here.

Mike St. Pre and his team of experienced lawyers can help you prepare the required legal documents, attend court hearings, resolve disputes, and handle all other legal and tax matters. Knowing what to do before grief strikes can help you through the difficult time following the death of a loved one. Fair Share Lawyers` probate lawyers make a list of steps and things you should know when a loved one dies. If you have any questions about the administration of your loved one`s estate or probate procedures, call us anytime at (888) 694-1761 for answers. Probate is the legal process of executing a will. You must do this in a district or city probate court. The probate court ensures that the person`s debts and obligations are paid and that the remaining assets are transferred to the beneficiaries. Here is a list of important things to do if someone near you dies in Washington State. (A print-ready version of this checklist can be found at the PDF link above.) The surviving spouse or children can be helpful in finding where the deceased`s will, life insurance and other financial accounts are located.

Likely places to look for wills, insurance policies, bank and financial statements, and other legal documents may be with the deceased`s lawyer, the deceased`s safe, or a locked filing cabinet or desk drawer in the deceased`s home. It is important to find the original will and any amendments or codices to allow the probate procedure and ensure that the wishes of the deceased are carried out in the intended way. A valid will and/or codicil can help avoid disputes such as testamentary disputes. The process doesn`t have to begin immediately after a death, says Jennifer H. Friedman, a trust and estate attorney in Menlo Park, California. Give yourself time to grieve and be with your family. “You don`t have to walk from the funeral home to the prosecutor`s office,” Friedman says. “It`s an extremely emotional moment. Usually, people are overwhelmed when they go to my office. I hope they will be less overwhelmed when they leave.

When someone you love dies, the task of dealing with these personal and legal details may fall on you. It`s a stressful and bureaucratic task that can take a year or more while you grieve the loss. Washington State Bar Association: Legal Resources and Information for the Public. Includes local lawyer referral services for all districts of WA, a moderate means program, and free legal aid for low-income residents. By phone: 1-800-945-9722 or 206-443-9722 If your loved one died in a hospital or nursing home where a doctor was present, staff will take care of them. An official declaration of death is the first step to obtaining a death certificate, an essential document. But if your relative died at home, especially if it was unexpected, you need to ask a doctor to declare her dead. To do this, call 911 shortly after her death and have her taken to an emergency room where she can be declared dead and taken to a funeral home. If a family member died at home in a hospice, a palliative care nurse may declare them dead. Without a declaration of death, you cannot plan a funeral, let alone settle the legal affairs of the deceased.

People`s Memorial Association (PMA): A Washington State nonprofit that provides educational resources, consumer information, and legal resources on cremation, burial, and other post-death issues. By phone: 1-866-325-0489 (toll-free) Insurance companies: Contact the insurance companies on the list you created from the deceased`s records. This includes policies that can pay death benefits to the named beneficiary(ies) (such as life insurance or annuities).