What Legal Things Need to Be Done After a Death?
- Vital documentsbirth marriage and death image by Warren Millar from Fotolia.com
When a loved one dies, all you want to do is grieve, but unfortunately, that isn't always possible. Someone needs to take care of the funeral arrangements and postmortem legal matters. Taking care of the final details surrounding a loved one's life can be emotionally taxing, so it is important to know what to expect. If you are prepared, it will help things go more smoothly and perhaps even make the process somewhat cathartic. - When someone dies, a certificate of death is filed. This is typically taken care of by the funeral home. That said, the funeral home cannot take care of this death-related legal matter without your help. You will need to provide them with a copy of your loved one's social security card. They also need the deceased person's parents' names, mother's maiden name, surviving spouse's name, burial location, occupation at time of death and current address. Plans for cremation, or donating a body to science, also need to be listed on an application for a death certificate.
After the death certificate is filed, request a copy. Contact the Vital Statistics office in the town where your loved one died. Make sure you find out what you need to obtain a copy of a death certificate, as fees and proof of identification requirements vary. - Regardless of a person's age, he typically had some source of income. Whether this income comes from Social Security, pension, spousal support, employment or an investment account, the payor of this income needs to be notified. It is best to notify income sources within a few days of a person dying. This will prevent any confusion regarding payments and benefits. Notify any other agencies that provided benefits or services to the deceased, including Medicare, hospice and the military.
- If your deceased loved one had insurance policies, the insurance companies need to be notified of her death. This is particularly important with life insurance policies, because often it is these policies that are used to reimburse funeral expenses. If your loved one had a pension, her life insurance may be part of that pension package, so you can notify the company to stop payments and proceed with the insurance paperwork with one phone call. Make sure you locate the paperwork for life insurance policies before contacting the insurance company. This will ensure you understand what the policy included.
- Gather financial papers, including bank records, investment portfolios, credit card statements, bills, trusts, will, assets and property deeds. If the deceased owned a business, you will also need to locate partnership agreements and business financial records.
- When a person dies, someone must act as his executor, or personal representative. This person is in charge of settling the deceased person's estate. This includes determining what will become of his property and belongings, paying his debts, filing estate taxes and disbursing inheritance, survivor benefits or insurance payments to his heirs.
If there is a will, it is likely the person named an executor. If an executor is not named, one must be appointed. Typically, the executor is a surviving spouse, adult child or parent. If the appointed executor does not want the responsibility, and no one volunteers, the state will appoint an executor. The cost for the state executor will be subtracted from any assets left over after the deceased's affairs are settled.
