Losing a loved one is an experience that shakes the very foundation of our existence. Despite the overwhelming feeling of grief, there are practical matters that require attention. From making funeral arrangements to sorting out legal affairs, there are a myriad of steps to undertake after the passing of a family member or close friend. While these tasks may seem daunting, approaching them systematically can provide a semblance of structure during this difficult time. With that in mind, the attorneys at Legacy Care Law Firm discuss steps to take after the passing of a loved one.
Steps to Take Following the Passing of a Loved One
The passing of a loved one is often characterized by both emotional upheaval and practical responsibilities. For surviving loved ones, it can be extremely difficult to focus on those practical responsibilities that require attention while also trying to manage the grief that typically accompanies the loss of a loved one. Sometimes, just knowing where to start can help. Although you may need to add or skip some steps, the following steps are a good place to start when attempting to navigate the passing of a loved one:
- Notify Family and Friends: Informing close family members and friends about the passing of your loved one is often the first step you need to take. Utilize various communication channels such as phone calls, emails, or social media platforms to disseminate the news promptly and efficiently. If you do not want to take on this duty yourself, you can always assign this responsibility to a trusted individual or divide specific contacts among family members to ensure that everyone who needs to know is informed with care and sensitivity.
- Obtain Certified Death Certificates: You will likely need several certified copies of the decedent’s death certificate. For Massachusetts residents, you can obtain certified death certificates from the Office of the Chief Medical Examiner. For New Hampshire residents, navigate to the New Hampshire Office of Vital Records to request copies of the decedent’s death certificate.
- Make Funeral Arrangements: Contact a reputable funeral home or crematorium to initiate the necessary arrangements for the disposition of the body. Take into account any preferences or instructions the deceased may have left regarding their final rites. If the decedent included a funeral planning component in his/her estate plan, use that as a guide. Likewise, if the decedent left behind a funeral trust, the Trustee named in the trust agreement is legally obligated to abide by the terms of the trust as they apply to funeral arrangements. If not, engage in open discussions with family members to determine the most appropriate options, whether it be a traditional burial, cremation, or a unique memorial service tailored to honor the departed’s life and legacy.
- Gather Important Documents: It is important to gather and organize essential documents that will facilitate the subsequent legal and financial proceedings. Locate items such as a Last Will and Testament. Trust agreement, life insurance policies, bank statements, property deeds, and any other pertinent documents that are part of the decedent’s estate plan and/or financial records. These documents will serve as invaluable resources for settling the deceased’s estate and fulfilling their final wishes.
- Consult with an Experienced Probate Attorney and Other Professionals: Consult with an experienced probate attorney before moving forward with the administration of the estate. An attorney can help you determine which type of probate is required and help you navigate the legal process required to administer the estate. You may also need to meet with an accountant and/or financial advisor to navigate the complex terrain of legal and financial matters. Collaborate closely with these experts to address issues such as estate administration, asset distribution, and tax obligations in a thorough and systematic manner.
- Handle Financial Affairs: Assume the responsibility of notifying relevant financial institutions, creditors, and government agencies of the passing of your loved one. Take proactive steps to close or transfer bank accounts, cancel credit cards, and settle any outstanding debts or obligations. Contact the Social Security Administration to inquire about survivor benefits and update beneficiary information as needed to safeguard the financial interests of those left behind.
- Manage Digital Presence: In an increasingly digital age, it is essential to address the decedent’s online presence and digital assets with utmost care and consideration. Take proactive measures to close or memorialize social media accounts to preserve privacy and prevent unauthorized access. Safeguard valuable digital assets such as photographs, documents, and emails by securing access or transferring ownership to designated heirs in accordance with relevant terms of service agreements.
- Address Property and Assets: Inventorying and evaluating the decedent’s property and assets, ranging from real estate holdings to investment portfolios and personal belongings, must be done as part of the probate process. If you are overseeing probate, you will also need to obtain a date of death value for all estate assets. If the decedent left behind a valid Will, the terms of the Will dictate how estate assets are to be distributed. The same applies if a trust agreement was left behind. If the decedent died intestate (without a Will or trust), the state intestate succession laws will determine how estate assets are handled.
- Do Not Ignore Your Own Emotional Needs: While it is important to focus on the practical tasks that need to be accomplished, it is equally essential to acknowledge and prioritize the emotional well-being of those grieving the loss of a loved one. Allow yourself and others the space and time to mourn and express emotions.
- Celebrate the Life of Your Loved One: Embrace the opportunity to celebrate and commemorate the life of your loved one in a manner that reflects their unique personality, passions, and contributions to the world. Plan a heartfelt memorial service, gather with friends and family to share cherished memories and stories, or embark on meaningful acts of remembrance and tribute. Create lasting legacies through charitable donations, scholarships, or community projects that honor the values and ideals cherished by the departed.
Do You Need Help Following the Passing of a Loved One?
For more information, please join us for an upcoming FREE seminar. If you need assistance following the passing of a loved one, contact our estate planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Salem and Nashua, New Hampshire office can be reached at (603) 894-4141.
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning Read More!
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