Affairs to Handle after a Loved One Dies

May 8, 2015 Dennis Astill Leave a comment

Hopefully you have read our blog titled “Initial Steps to Follow when a Loved One Dies” that discusses the initial steps you must take when a loved one dies. Below is a more detailed checklist of issues that should be addressed after the funeral:

Estate plan. If you haven’t already done so, you should confer with a qualified estate planning lawyer to discuss the deceased’s estate and what you need to do to properly administer it, if anything. The type of estate planning documents that your loved one signed will dictate what action must be taken. Your attorney can help you with each step of the process.
Financial accounts. You must determine if the deceased’s bank accounts were held jointly or otherwise transferred to a named beneficiary. If not, you must determine how to transfer the funds. You must also determine if the deceased owned any safe deposit boxes and locate the keys so you can inventory the contents.
Retirement accounts. All of the deceased’s retirement accounts such as a 401k, IRA, pension or other similar accounts must be reviewed to determine how they will be transferred.
Creditors. Investigate all of the debts owed by the deceased and inform the creditors of your loved one’s death. Getting a credit report from each reporting agency is a good way to make sure you don’t miss anything. Also look at the medical bills as they come in.
Utilities. Don’t forget that all of the deceased’s bills (including electric, gas, telephone and cable) should be paid until they are disconnected.
Automobiles. If the transfer of the deceased’s vehicles was not handled in the estate plan, you must determine whether the title and insurance coverage of the cars, motorcycles, ATVs or boats must be changed. Don’t drive or use the vehicles without checking on the insurance.
Insurance. You must contact the insurance company that holds the policy insuring the deceased’s home and automobiles for guidance on how to proceed. You should also contact the insurance company holding your loved one’s life insurance policy to discover who the named beneficiary of the life insurance proceeds is.
Tax Returns. Depending on the date of death, the deceased’s income tax returns may need to be filed soon. Don’t let the deadlines pass. And remember that a surviving spouse can still file a joint tax return for the year of death of the spouse.

The above list is not exhaustive, but it gives you an idea of the documents you will need to locate and the actions you will need to take after a loved one dies. To learn more or for assistance in handling these matters, please contact us to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Should I Pre-Pay for my Funeral?

April 14, 2015 Dennis Astill Leave a comment

While many people do not like to think about dying, it is also common for them to have specific ideas about how they want their funeral handled. This may include a special song you want sung, a bible verse you want read, or where you want to be buried. As a result, many funeral homes offer a preparid burial policy that allows you to plan and pay for your funeral arrangements in advance. The theory is that you not only get assurance that your wishes will be carried out, but it removes the burden from your loved ones in making those decisions while they are grieving.

Having a prepaid funeral policy can be a caring gesture for your loved ones, but it can also cause issues. For example, there have been numerous instances where family members were unaware of the policy until they had already paid for the burial of their loved one, and they had to fight the funeral home to obtain the refund. Even worse, what happens if the funeral home goes out of business before you die? While a lawyer may eventually be able to get these matters sorted out for you, it will take your family’s time and money to do so. Many reputable funeral companies exist and these plans may be best under your circumstances, but having your attorney review this with you will be helpful in avoiding pitfalls.

Another option is to set-up a “payable upon death” (POD) bank account, or, if you have a trust, advising your successor trust of the availability of funds for this purpose. Not only will this allow your money to earn interest, it will be available to you if there is an emergency, and it still provides your loved ones with the financial support needed to pay for your funeral. Additionally, because a POD account or your family trust is immediately made available to your named beneficiary or trustee, as the case may be, upon your death, there is no delay created by the probate process.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Do You want to Protect the Environment when you Die?

March 9, 2015 Dennis Astill Leave a comment

If you have spent your life recycling, growing your own food, composting, and other actions that protect the environment, you may want to consider how you can protect the earth when you die.

Funeral home owners and cemeteries are offering eco-friendly options for those that want a sustainable alternative. The “green” movement is gaining popularity and the efforts are extending into how death is handled. Many of the customs used by various cultures can be very harmful to the earth. For example, embalming chemicals, caskets, concrete vaults and the emissions from crematories can be damaging to the environment.

What does an eco-friendly burial involve? Typically, you will be buried in a simple wooden box, wicker casket or even a biodegradable shroud. You can even request plant-based embalming fluids instead of the toxic formaldehyde fluids. In addition to creating less waste, you might be surprised to learn that using these environmentally-friendly options are usually less expensive than traditional options.

If you are interested in taking care of your affairs, we can help you create a comprehensive estate plan, including pre-planning your funeral.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Should you Pre-Plan Your Funeral?

February 19, 2015 Dennis Astill Leave a comment

Even if you are a planner in all areas of your life, you are probably like most people and you do not like to think about dying. However, by pre-planning your funeral, you can remove a significant burden from your family. Planning a funeral right after losing somebody is stressful and can feel overwhelming. If you have already made the decisions for your family, they not only avoid the burden, but they also have the peace of knowing the plans are what you wanted.

What should be included in your pre-planned funeral arrangements? There is flexibility in creating your plan so you can select where you want to be buried, songs you want to play at the ceremony, speakers, topics, poems or verses to be read, the time alloted, the type of celebration, or anything else that is important to you.

Should I pre-pay for my funeral? It is usually not recommended that you pre-pay for your services. If the funeral home should file bankruptcy or otherwise close its business, you may lose your money; or terms and conditions sometimes change, making it different than what was expected. It is much safer to create a trust account, designated bank account, specifically designated insurance policy or other similar way to set aside the funds to pay for your funeral expenses when the time comes.

It is worth mentioning that if you have created your estate plan, your documents probably include a provision for paying your final expenses, which include the cost of your burial. Even so, you should still leave instructions regarding the final disposition of your body. For example, you should specify whether you want to be buried or cremated, as well as whether you want to be an organ donor.

If you are interested in creating an estate plan or learning more about pre-planning your funeral, contact us to schedule your appointment. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Lost a Loved One? What You Need to Do Now

January 15, 2015 Dennis Astill Leave a comment

If you have lost a family member or other loved one, you may feel overwhelmed and confused about what you should do to handle their affairs. While no two situations are the same, below is a simple checklist for several tasks that you will likely need to handle:

Make funeral arrangements. You should consider whether your loved one would want to be cremated or buried. You will need to notify any specific religious leaders, a funeral home or mortuary for your loved one’s final services.
Notifications. You will be emotional during this difficult time, so it is helpful to make a contact list to ensure all of your loved one’s friends and family are notified of the death. Having a list also makes it easier for others to help you make the calls if it is too difficult for you to do it.
Death certificate. It is important to obtain multiple certified copies of your loved one’s death certificate. We typically recommend a minimum of 5, but in some cases you might consider getting 10 copies. You will need to provide a death certificate to insurance companies, financial institutions and other similar entities.
Locate estate plan. You will want to locate the estate planning documents to determine how to handle the administration of your loved one’s estate.
Bank accounts. If the deceased has bank accounts that are not held in trust, or jointly with another person (or transferred otherwise), you must determine how to transfer the funds. This includes locating safe deposit boxes and taking an inventory of its contents.
Retirement accounts. You must locate and determine how the deceased’s retirement accounts (401k, IRA, pension, etc.) will be transferred and who the beneficiaries are.
Life insurance. You should contact your loved one’s insurance company to discover who is named as the beneficiary of any life insurance policies.
Creditors. All creditors of the deceased should be notified of your loved one’s death. You should continue to pay all utility bills of the deceased until the services are discontinued.
Automobiles. Unless handled by an estate plan, you must determine how the vehicles, boats, ATVs, motorcycles and other similar assets are titled and insured, as well as how they will be transferred.

The above list is not all-inclusive and there are many other matters that must be handled. If you need assistance administering the estate of a loved one, we can help. Please review our earlier blogs for a comprehensive list of things to do when someone dies.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

801-438-8698

Tag Archives: funeral

Affairs to Handle after a Loved One Dies

Should I Pre-Pay for my Funeral?

Do You want to Protect the Environment when you Die?

Should you Pre-Plan Your Funeral?

Lost a Loved One? What You Need to Do Now

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