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1. Complete a will
or revocable trust. A revocable trust will enable your estate to avoid
probate yet will require you to transfer ownership of your assets to the
trust. This may be time consuming but it can also ease the administration
of your estate upon your death. Money spent now may greatly reduce costs
and frustrations for your family upon death.
2. If you already have a revocable trust, work with an advisor to verify
that all assets intended to be placed in your trust are in fact in your
trust. He or she will also advise you on beneficiary designations for
retirement accounts and life insurance policies.
3. If your estate is of a certain size, i.e. greater than $675,000 in
the year 2000, you may want estate planning to avoid the pitfalls of the
estate tax. See an estate-planning attorney to advise you of your options.
4. Prepare powers of attorney, both financial and medical. These will
enable your family to assist you when you no longer can assist yourself
An attorney can assist you with these documents.
5. Prepare living wills. Living Wills are written directives to your doctor
instructing him or her to remove all life supporting procedures if you
are comatose or in a vegetative state. An attorney can assist you with
these documents.
6. Call your insurance agent and make sure your life insurance policies
are in order.
7. For those families
that are in need of liquidity, there are a couple of options. You may
consider the sale of an existing life insurance policy, the reverse finance
of your home, which pays you the equity on the house, or greater withdrawals
from you retirement accounts. Since these are very complex, visit with
a professional on the advantages and disadvantages of these and other
methods to create liquidity.
8. Organize your assets and bills. To avoid the time and difficulty for
your family of determining what assets you own and what bills you owe,
consider placing statements and bills in a folder. You will likely want
to create a summary to explain the statements and bills to your family.
This will assist them in organizing your affairs upon death.
9. Make a list of all advisors, attorneys, accountants, insurance agents
and other professionals to be contacted by your family to settle your
affairs upon your death.
10. Make sure your family knows where all of your records are and where
the key to your safe deposite box is kept.
11. Go to a funeral home and make your request for burial or cremation.
States usually have laws regulating these choices.
12. A great resource for forms and assistance is the local Hospice organizations,
community legal service centers for low-income individuals, libraries,
and free seminars by attorneys and other estate planning professionals.
LEGAL AND TAX DUTIES TO BE PERFORMED UPON THE DEATH OF A LOVED ONE
Below you will find a typical list of steps necessary to resolve the legal
matters that arise after a person passes away. While each individual case
will vary, and every state has its own requirements, this will provide
a broad guideline to assist the individual dealing with the loss of a
loved one.
1. Nothing has to
be done immediately. Take your time to grieve. You will find that most
events are not emergencies and if they are, they are sometimes reversible.
Typically, you have 6 to 9 months before you have to seriously look at
the legal issues of an estate.
2. Find a friend, family member or reliable professional to assist you
with those financial and legal decisions. Remember that nothing has to
be done immediately.
3. Unfortunately, you will be contacted by salespeople, attempting to
sell you all types of items they claim you will "need." This
is not the time to make those decisions.
4. While Social Security needs to be notified, funeral homes often now
notify the agency. Eventually you will need to contact the Administration
to set up your own plan. There is no rush but they should be contacted
as soon as you are ready.
From Kevin P. McFadden, JD, Scottsdale, AZ |