do i need to see an attorney when one of my parents passes away

It is always a good idea to consult an attorney after the death of a parent, even if you do not ultimately hire one. Some heirs will think it logical to retain the services of the attorney who prepared the will. Other heirs may be against getting legal help, having concerns about the cost.

Full Answer

Do you need an attorney after the death of a parent?

There is no need for administration.” It is always a good idea to consult an attorney after the death of a parent, even if you do not ultimately hire one. Some heirs will think it logical to retain the services of the attorney who prepared the will.

What should I do if my mom or dad passes away?

Manage the care of their home. If your mom or dad was living alone, make sure you or someone close by is taking care of their home. This includes things like checking the mail, discarding old food, turning off lights, and keeping the doors locked. You’ll also want to keep up-to-date on any utilities.

Do I need a lawyer as an executor of my Parent’s estate?

If you are the executor of your parent’s estate, you want to avoid any potential liabilities that could occur, such as distributing funds improperly. A lawyer can help in that regard, and their services could save an estate thousands of dollars.

What happens to a power of attorney when someone dies?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers. A power of attorney is no longer valid.

Get Help

In most instances, settling the estate of a parent is not a one-person task. It is likely you will need to consult legal and financial professionals, such as an estate attorney or a CPA who can provide advice and assist you throughout the process.

Make Notification

Before delving into funeral and estate plans, you will likely want to notify people of your parent’s passing. This task can be delegated to other family members or to family friends if need be.

Pre-existing Wishes

In the case that your parent had a will, the first step you will want to take is to determine who they appointed as personal representative (also known as an executor). Often times a parent will appoint one of their children to the role, meaning it could very well be you or one of your siblings.

After the Funeral

Once the funeral has concluded, you will begin the task of settling your parents’ estate. You’ll need to acquire multiple death certificates in order to access bank accounts, insurance policies, deal with government agencies, and do numerous other things that will require proof of death.

Probate

Probate is the legal process of carrying out the wishes in a will, or otherwise transferring your parent’s assets via Florida law. You will need to contact your local probate court to begin the proceedings (a lawyer can assist with this). In the majority of cases, an attorney is required by the courts to assist you in the probate process.

Make Institutional Notifications

A final step you need to take after the passing of a parent is notifying all of the necessary agencies, companies, and institutions. You should notify your parent’s credit agencies in order to prevent identity theft. Most agencies will require a copy of the death certificate for verification.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do you have to check on your deceased loved one's tax return?

The IRS has an interest in the estate, and you should check the tax status of your deceased loved one as soon as possible. It is easy to forget about taxes when handling an estate, but the IRS will be there to remind you. If you are unsure about the tax situation, you should contact the person who handled returns for the deceased.

What to do when your parents die?

Checklist: 7 things to do when a parent dies. When your mom or dad dies, the emotions are overwhelming. Dealing with the legalities surrounding the end of a parent’s life may be the last thing you feel like managing, but logistical and financial decisions must be made. Amid calling family and friends, arranging a funeral, ...

What to do if you are the executor of your parents estate?

If you are the executor of your parent’s estate, you want to avoid any potential liabilities that could occur , such as distributing funds improperly. A lawyer can help in that regard, and their services could save an estate thousands of dollars.

What happens if your parent's estate is under $20,000?

“If the estate is under $20,000, the surviving spouse or domestic partner shall be entitled to all of the real and personal assets ,” says Ambrose.

What documents are needed to find your parents last will and testament?

Along with locating your parent’s last will and testament, other important documents to gather include: Tax returns for the last two years. Insurance policies (life, homeowners, auto, and more) Investment account statements (IRAs, mutual funds, pensions, 401 (k) plans, and more) Most recent checking account statements.

Is probate a simple process?

Unless the will is contested, probate is a fairly straightforward process. But absent a will, things get more complicated. “If you cannot find the will or it has been determined that the decedent failed to make a will, then the decedent died intestate and you proceed to administration,” says Ambrose.

Can you close a bank account without a death certificate?

Banks, investment companies, creditors, government agencies, and the like will not discuss your parent’s financial affairs without a death certificate. You won’t be able to close account s or accept payouts from any agencies without a death certificate.

Do thieves scour obituaries?

Plenty of thieves have been known to scour obituaries, targeting people who seem like they may have lived alone and now have a home standing vacant. Be sure to put a stop to any newspaper deliveries and have the mail held or checked daily by someone you trust so that the home doesn’t look uninhabited.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

What does an executor do?

An executor is the person named in the will to serve as the personal representative of an estate. They handle all the administrative tasks of the estate during the probate process, including communicating with the probate court, creditors, and beneficiaries named in the will.

Checklist when your parent dies

The days immediately following a parent’s death may be wretched — especially if their passing was sudden. As executor, you’ll need to manage some things right away. Other tasks can wait a bit and will be spread out over the next few months.

Executor tasks to handle immediately

Unfortunately, some tasks must be handled quickly after a death. If there are family and friends that can help you bear the load, reach out to them and ask for support. Delegate tasks that are too emotionally challenging.

Executor tasks to handle in the coming weeks and months

The probate process may last for several months or even years, depending on the complexity of the estate and whether conflicts arise among loved ones.

What does POA mean in a power of attorney?

The POA gave you the authority to act on his behalf in a number of financial situations, such as buying or selling a property for him or maybe just paying his bills.

What happens if you don't leave a will?

When There's Not a Will. The deceased's property must still pass through probate to accomplish the transfer of ownership, even if he didn't leave a will . The major difference is that his property will pass according to state law rather than according to his wishes as explained in a will. 3 .

Who can deal with a POA?

His estate owns it, so only the executor or the administrator of his estate can deal with it during the probate process. 1 .

When do you have to file a will for your parents?

Your parent's will must, therefore, be filed with the probate court shortly after his death if he held a bank account or any other property in his sole name. This begins the probate process to legally distribute his property to his living beneficiaries.

Can a deceased person's bank account be frozen?

As a practical matter, most financial institutions immediately freeze the accounts of deceased individuals when they learn of their deaths. The freeze remains in place until they're contacted by the executor or administrator of the estate. If you were to attempt to use the POA, it would be denied.

Can a power of attorney act on a deceased person's estate?

In either case, with or without a will, the proba te court will grant the authority to act on a deceased person's estate to an individual who might or might not also be the agent under the power of attorney. The two roles are divided by the event of the death. In some cases, however, the agent in the POA might also be named as executor ...

Can you pay bills after a deceased person dies?

You might think that you should continue paying those bills and settling his accounts after his death, but you should not and you can' t—at least not unless you've also been named as the executor of his estate in his will, or the court appoints as administrator of his estate if he didn't leave a will.

What happens if a spouse leaves a will?

Most states have laws preventing a decedent from disinheriting his spouse. Even if a decedent intentionally leaves his spouse out of his will, she is , nonetheless, entitled to a certain amount of his estate, which is known as the “elective share.” Each state has laws governing the amount of the elective share and how a surviving spouse can exercise this right. For instance, in Tennessee, a surviving spouse must make her election within nine months of the date of death, and the amount to which she is entitled depends on the length of the marriage. In North Carolina, the amount of the elective share depends on whether or not the decedent left surviving children.

What is the fiduciary duty of an executor?

Fiduciary Duty. An executor, trustee and estate administrator each have what is known as a fiduciary duty to the beneficiaries or heirs of the estate. This means she has a legal duty to carry out her position in an honest and prudent manner.

What happens when a loved one dies?

When a loved one dies, settling his estate can seem like a daunting task. Those left behind may not know what rights they have as a beneficiary or heir of an estate. The legal rights of family members depend largely on whether the decedent had an estate plan in place. Most states have a probate court where a beneficiary or heir can enforce his ...

What is probate in a will?

Probate is the process by which a court authenticates the will and bestows authority on the personal representative to administer the estate. The will has no legal effect until it has been filed and accepted for probate. Part of the probate process is the notification of interested parties. If you are a beneficiary of the will or an heir ...

How to find out if a survivor has a right to property?

A survivor’s legal right to real property depends largely on how the property is titled. This information can be found on the deed to the property. If the deed has been recorded, you can obtain a copy from your local recording agency’s office, often for a small fee. Generally speaking, real property, if owned solely by the decedent, is subject to probate; if there is no will, it becomes part of the intestate estate. However, there are instances in which real property passes outside of probate or intestacy. If real property is owned jointly by husband and wife, often referred to in a deed as “tenants by the entirety”, upon one spouse’s death the property will automatically pass to the surviving spouse. Unmarried individuals can also own property with this right of survivorship. When one “tenant” dies, the property will pass to the survivor. Additionally, a common arrangement between elderly parents and adult children is to deed the property to the children, with the parents retaining “life use”. This means that the parent has the right to live in the residence during his lifetime. Upon his death, any interest he had in the property passes to the children named in the deed.

What happens to property when a tenant dies?

When one “tenant” dies, the property will pass to the survivor. Additionally, a common arrangement between elderly parents and adult children is to deed the property to the children, with the parents retaining “life use”. This means that the parent has the right to live in the residence during his lifetime.

Can a beneficiary file a petition with the probate court?

In this case, a beneficiary or heir can file a petition with the probate court requesting an estate accounting detailing the flow of money in and out of the estate. A finding by the court of mismanagement or even theft can result in the removal of the executor, trustee or administrator.

What is an executor of a will?

An executor will provide a copy of the will to the beneficiaries named in the will.

How long does it take to read a will after death?

The executor may read the will as soon as the decedent dies. However, there is no official or ceremonial “reading of the will.”. When a will is filed in probate, it becomes a permanent court record.

Who is obligated to notify the beneficiaries of a will?

However, as stated above, the executor is obligated to notify all beneficiaries named in the will, as well as the living heirs of the decedent and the decedent’s creditors. The executor notifies these interested parties that the decedent has died and that they may have an interest in the decedent’s estate.

Why do we need a will?

One of the reasons to have a will is to indicate your intentions for the disposition of your property after you die, with the hope of preventing any family bickering or disputes over your estate.

Can a testator change beneficiaries?

Also, before death, a testator can always change beneficiaries. Even if beneficiaries know that someone has named them in their will, unless the testator has died, beneficiaries cannot be certain that they are still named in the will that is probated. The only time a beneficiary is entitled to be notified that they are named in a will is after ...

Can a beneficiary change beneficiaries before death?

Are beneficiaries entitled to any information before the death? Beneficiaries are not entitled to any information in the will before the testator dies. Before the testator dies, the will is the testator’s private property. Also, before death, a testator can always change beneficiaries.

Is a will considered private property?

Before the testator (the person who created the will) dies and an executor (who the testator named in the will to handle the estate after death) files the will in probate court, the will is considered the testator’s private property, just like any other piece of property that the testator may not want anyone else to see.