Wednesday, March 18, 2009

What To Do When Someone Dies

Dealing with the death of a loved one is never easy. It is our goal to provide you with some important information that will make the days and weeks after their passing a little easier.

Pronouncement of death and transportation of the body:
If your loved one dies at home you will need to make arrangements for transportation of the body.
Who to call:
►Call the Coroner or 911 if the death occurs at home.
►If you are using Hospice care, call the hospice care provider and they may handle these matters for you.
► Call family members who may wish to spend private time with your loved one. The Red Cross will help you notify family members if the deceased was in the military or if the relative to be notified is in the military.

Make sure to:
► Follow any religious observances that were requested by your family member.
► Follow Deceased’s Instructions: If it exists, find your family member’s final arrangements plan so that you can follow their final wishes with respect to whether a funeral, memorial service, cremation, organ donation, or whole body donation was desired.

Look through the papers to find if she or he:
► Had a prepaid burial policy;
► Belonged to a memorial society; or
► Had written any specific instructions
Note that these instructions could be legally binding even though they might be contrary to the wishes of others. If you have any questions about whether or not to follow them, contact Farrar Thompson Law Firm.

What to Do 1-3 Days After Death
Complete Funeral Arrangements
Ask a friend or family member to go with you to the mortuary to advise and support you in making the funeral and burial arrangements. You may have to think about transfer to another location, burial, or cremation. You may ask a clergy member to assist you.

Financial Assistance
If the deceased was in the military or is the spouse or dependent child of a person in the military, contact the VA cemetery or VA office. There may be burial benefits. The mortuary will call the VA at your request

Other Assistance:
Choose someone to:
► Answer the phone calls from family members and friends and collect mail;
►Care for pets, plants and other household chores;
► Assist with lawn care or snow removal;
► Stay at home during the funeral and visit the home to guard against break-ins occurring; and gather two or three light timers so they will go on and off at appropriate times.
► Prepare food for family and friends after the funeral.

What to Do 1-10 Days After Death
Contact the following persons or institutions:
► Attorney, Farrar Thompson Law Firm (850) 434-8904, to set up a meeting to discuss the probate process, such as how to transfer real estate, assets, how to deal with heirs or devises and how to report taxes.
► Accountant or tax preparer, to assist with gathering information as to the assets owned by the deceased and to determine what returns should be filed;
► Investment professionals, to obtain information as to assets owned by the deceased;
► Insurance agents, to discuss insuring the decedent’s assets and to obtain necessary death claim forms for life insurance or other assets;
► Social Security, to stop monthly deposits and learn of benefits. The contact number for Social Security is (800) 772-1213.
► Veteran Affairs, to stop monthly check and learn of benefits;
► Agency providing pension services, to stop monthly check and obtain claim forms;
► Utility companies, to alter or discontinue service;
► Employer, to notify of death and learn of benefits;
► Newspapers and magazines, to stop subscriptions (you may consider asking for refunds of the unused portion of subscription); and
► Post office, if necessary, to forward mail.

Search for the Will
The original will is usually in a safe place in the deceased’s home, a safe deposit box, or placed with the Court in the County in which the decedent lived. When the original signed will is found, bring it to your attorney’s office. If a will cannot be found, an attorney at Farrar Thompson Lawfirm can help guide you through the Florida intestate probate process.

Death Certificates
Some examples of assets that will require an original death certificate are homes held in joint tenancy, stocks, bonds and bank accounts. If you do not order enough, you can get more death certificates later through the County Vital Statistics Department where the death occurred.

Avoid Unscrupulous People
In the period following the loss of a loved one, be careful before accepting any telephone solicitation, and be careful about volunteering personal information about the decedent to strangers over the phone. Fraudulent bills may be received and should be reviewed carefully.

Creditors
Following a death, certain creditors may be very aggressive. An important purpose of the probate administration is to provide an orderly process for dealing with all of a decedent’s creditors. Try to avoid depleting the available cash on the first “squeaky wheels” because it can cause bigger problems later in the estate administrations, as well as expose the personal representative to a charge that he or she showed preference for a specific creditor over others.
Veterans Benefits and Social Security
The mortuary may assist you with the paperwork for both VA and Social Security benefits. For Social Security benefits, call the Social Security Admin at (800) 772-1213.
Be prepared to identify the deceased’s:
Relationship to you; Social Security or VA claim number; Date of birth; Date of death; Place of death; Surviving spouse or next of kind; and medical history that bears on whether the death is service related or not.
Your call will stop the monthly payments currently being received by the decedent. You must return the check for the month of death. If the decedent was receiving benefits by direct deposit, excess payments will, in time, be electronically withdrawn from the account.
Social Security monthly benefits are available to the surviving spouse and to children under 18 and certain disabled children. Benefits include a lump sum death benefit. Ask for the Social Security Survivors” brochure or see http:/ /www.ssa.gov/pubs/deathbenefits.htm.
Veterans’ benefits may be available to the surviving spouse. Benefits may include a lump sum death benefit, if death was service related; a continuing monthly payment to the surviving spouse; and financial assistance with funeral expenses, or burial in a national cemetery. Ask for the “Federal Benefits for Veterans and Dependents” brochure or http://www.vba.va. gov/survivors/index.htm.

This article cannot explain everything you need to know in the first few days following the death of a loved one. You should establish an early relationship with your attorney to assure that all matters and questions are properly addressed. Seeking your attorney’s advice before you act may avoid more costly legal fees later. Your attorney will be able to provide you with very helpful information and explain the probate process to you. This will help alleviate a large amount of concern. Contact the attorneys at Farrar Thompson Law Firm, 850-434-8904 today.

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