parents have both died, what to expect from first visit with estate attorney

What questions should you ask an estate attorney after a death?

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. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.

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

Mar 07, 2021 · Most estate sale companies will do a free consultation, so you might as well tap their expertise just in case. It pays to have someone knowledgeable about the vetting process. 6.

Can a power of Attorney administer an estate after death?

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 A power of attorney is no longer valid.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 A power of attorney is no longer valid after death.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 to do the first week after a parent dies?

Sep 01, 2016 · And, of course, it is logical to consult with your parent’s estate planning attorney, if you know who that professional is. 4) Contact all heirs “Once the will is located, then the named executor must proceed to locate all heirs of the deceased.

What does an executor have to disclose to beneficiaries?

One of the Executor's duties is to inform all next of kin and beneficiaries of: The deceased's death; The appointment of themselves as an Executor/Administrator; Their inheritance – be it a specific item, cash sum or share of the estate.

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

How long does it take to settle an estate?

The Basics of Probate Timelines Unfortunately, every estate is different, and that means timelines can vary. A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.6 days ago

What is the first thing to do when a parent dies?

Get a legal pronouncement of death. If no doctor is present, you'll need to contact someone to do this. If the person dies at home under hospice care, call the hospice nurse, who can declare the death and help facilitate the transport of the body. If the person dies at home unexpectedly without hospice care, call 911.Jan 5, 2021

Can beneficiaries demand to see deceased bank statements?

Some times beneficiaries want to see more detailed documents such as a Deceased's bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary's interest.Jun 19, 2019

Can an executor refuses to pay beneficiary?

If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced. However, there may very well be legitimate reasons for the delay. Particularly, during the ongoing Covid-19 crisis.May 18, 2020

How long after death is the will read?

A Will can be contested after Probate has been granted, but there is a limit of 6 months. If you believe the Will is invalid or you have not been adequately considered, you should seek legal advice as early as possible.

How long does it take to Finalise a deceased estate?

As soon as proof has been provided to the Master that all creditors have been paid, that the heirs have received their inheritances and that the fixed property has been transferred, the estate is regarded as finalised and the executor's duties come to an end. The process of finalisation takes 4 to 8 weeks.

Can an executor override a beneficiary?

Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.May 12, 2021

What happens financially when a parent dies?

The executor must file your parent's final income tax return with the IRS, and report all income, credits and deductions up to the date of death. Large estates may incur a federal estate tax, which the executor must pay using the estate's bank account.Dec 11, 2020

What do you do when someone's parent dies?

1. The do's:Just reach out. ... Then, judge their reaction. ... Find your own way to express your love. ... Listen. ... Acknowledge just how bad it really is. ... Offer to connect them to people going through something similar, if you do know anyone. ... Give little and often. ... Prepare for the worst.More items...•Jan 26, 2018

What do moms do after their dad dies?

Here are seven ways you can support a grieving parent.Talk About Your Own Feelings. ... Ask Specific Questions. ... Plan Ahead for Holidays. ... Offer Tangible Assistance. ... Show Up. ... Acknowledge Special Days. ... Educate Yourself About Grief.

1. Going through possessions piece by piece

People tend to start by sorting through each and every item they encounter as they go through the house, says Jacqui Denny, co-founder and chief development officer of estate sale marketplace Everything but the House. But this approach easily becomes a huge drain on time.

3. Overvaluing items you like

Denny says she sees this happen a lot: When we like something, we tend to value it more than the market does. For example, a costume jewelry fanatic may think an entire collection is uniformly valuable. But that’s not always so.

4. Overlooking the attic and basement

Maybe your parents came from more humble origins and you doubt they’ve collected anything worth a lot of money. You’d be surprised, Denny says. She recalls a client who assumed his mother didn’t have anything worth selling. But it turns out she left behind a 17th-century Korean bodhisattva statue in the attic, which later sold for $47,000.

5. Letting your vintage-loving friends sort and assess the estate for free

Hey, you have friends who love vintage items and are volunteering to sort through your parents’ estate. That’s better than hiring someone, right? Unless they’re experts, perhaps not.

6. Selling to dealers rather than collectors

Most people consider selling first to dealers, but remember this: A jeweler will pay less for your jewelry than an ordinary consumer who just loves it. A jeweler wants to make a profit; a consumer just wants that lovely piece you have.

7. Not dealing with debts

We’ve gone over the profitable elements of an estate. But remember, an estate includes debts as well.

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.

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 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 ...

Can creditors open an estate?

Creditors can open an estate. 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.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .

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, ...

How to get a death certificate for my parents?

A photocopy of the death certificate won’t be enough when it comes to managing the final affairs of your parent. Obtain at least 10 certified copies of your parent’s death certificate from the city clerk’s office or local vital statistics office. 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 accounts or accept payouts from any agencies without a death certificate.

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.

Contact an Attorney to Get Professional Help Planning Your Estate

An estate planning attorney can answer key questions about the law and how your situation will be impacted by your state's laws. Get started on creating your estate plan by contacting an experienced estate planning attorney near you today.

Next Steps

Contact a qualified estate planning attorney to help you ensure that your loved ones are cared for and your wishes are honored.

What to do if you are a decedent?

Call the decedent’s last employer if he or she was working or received pension or health insurance benefits from the employer. Request information about the amount of benefits, the successor beneficiary of those benefits, and any pay due. Ask whether there was a life insurance policy through the employer. If the company provides life insurance, ask for an IRS Form 712 and the beneficiaries of the policy.

What is the first responsibility of a deceased person?

1. Handle the care of any dependents and/or pets. This first responsibility may be the most important one. Usually, the person who died (“the decedent”) made some arrangement for the care of a dependent spouse or children.

How many death certificates do you need for a will?

Get at least 10 original death certificates. The funeral home will usually order these certificates for you. Executors need original death certificates to apply for admission of the Will in Probate Court, change the ownership of joint accounts, and obtain date of death values of investments for preparing the estate tax return.

What documents are needed for a trust agreement?

Those documents include the Will, any Trust Agreement, the latest bank account statements, investment statements, deeds, birth certificate, marriage certificate, divorce decree (if any), Social Security information, life insurance policies, certificates of title to vehicles and keys to the safe deposit box or home safe .

What happens when a parent dies?

In many cases, when a parent dies the family is not quite sure what needs to be done legally, to handle their assets. For most, one of the children has been named executor of a will left by a parent. Here you can find a step-by-step guide to handling your parent’s estate after their death.

How to prepare for your parents death?

How to be prepared in advance. Recognizing that your parent’s death is inevitable, you can reduce the burden on you at such a difficult time by being prepared. Discuss with your parents ahead of time where you can find the following information: Contact information for the executor if it’s not you.

What are the duties of an executor of a will?

The duties of an executor officially begin with the application for probate of the estate, with the exception of very modest estates.

How to contact Northern California Center for Estate Planning?

If you have questions regarding being an executor of a will, or any other estate planning needs, contact the Northern California Center for Estate Planning and Elder Law for a consultation, either online or by calling us at (916) 437-3500. Author. Recent Posts.

What documents do executors need?

Once that has been done, you need to locate the relevant documents, including estate planning documents and information regarding assets.

What is the job of executor of a trust?

One of the primary duties of an executor is to protect your parent’s assets from loss. The first step in doing that is to create an inventory of all of your parent’s assets. That includes money, personal property and real estate. The next step is creating a list of financial or legal liabilities and valid creditors. All valid creditors must be notified and then paid before the remaining estate can be distributed to heirs. Taxes must also be paid, if applicable.

Can an executor close an estate?

Therefore, it is crucial that you keep accurate records of those transactions as you go. Once the accounting is filed and approved by the court, the estate can be closed.

What is the last step in probate?

After all the assets have been distributed, sold or discarded—and the court and executor’s fees have been paid—the last step is filing a petition to dissolve the estate and conclude the probate process.

Why avoid probate?

The benefits of avoiding probate are: It’s often simpler and faster for account beneficiaries to claim the funds. You’ll avoid probate court fees and executor’s fees (which can be significant, especially if the executor is legally entitled to a certain percentage of the estate, such as in California).

What is probate in a will?

Probate is the legal process of administering a person’s estate after their death. If you have a last will and testament, probate will involve proving that your will is legally valid, executing your instructions and paying applicable taxes. Having a clearly written will is one way to make the probate process easier on your loved ones.

How to pass a will?

An executor can’t jump right in and start passing along family heirlooms and inheritances. The first step is filing a petition with the probate court to open the process and “prove” the will. Until that happens, they’re not allowed to distribute or discard any property.

What happens if you die without a will?

If you die without a will, the probate court will rely on your state’s intestate law to figure out how to distribute the person’s stuff.

What is an administrator in probate?

Administrator: A court-appointed executor, if someone dies without leaving a will. Intestate: A case where someone dies without a will. Intestacy: State laws determining how to distribute such estates. Letters testamentary: A document from a probate court authorizing the executor to start carrying out the will.

What is a small estate affidavit?

Small estate affidavit, summary probate and/or summary administration: Documents or processes that can allow you to skip or shorten certain aspects of probate (i.e. distribute property without a lengthy court process). Estates below a certain value (depending on your state) are eligible for this. Related Articles.