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Blog Articles: Steps to Take After Someone Dies

What Kind of Trust Is Right for You?
While the tasks of dealing with an estate after someone passes may be simple administration, the work associated with it is often quite complicated.

Tax return issues, family matters, business associates, partners, trustees, bankers, investment advisors and tax collectors from the IRS to state and local taxing authorities all require attention after someone has died. There are a lot of steps to take after someone dies and often a grieving family member finds it helpful to enlist the aid of a professional to lighten the load. Beck & Lenox Estate Planning & Elder Law, LLC calls your attention to a recent article, “Checklist for Working With a Decedent’s Estate” from Accounting Web, that contains a list of the tasks to be completed.

General administration and legal tasks. At the very earliest, the executor should create a timetable with the known tasks. If you’ve never done this before, there’s no shame in enlisting help from a qualified professional. Be realistic about your familiarity with tax and legal issues and your organizational skills.

Determine with your estate planning attorney whether probate is necessary. If a trust had been created, there would be need for probate.  If not, is the estate small enough for your state’s laws to allow you to expedite the process? Some jurisdictions can do this, others do not.

If an estate plan was created and executed properly, many assets may not need to go through probate. Assets like IRAs, joint tenancies, accounts that are POD, or Payable on Death and any assets with named beneficiaries do not require probate.

Gather information about family owners or others who may have a claim to the estate and who may have useful information about the assets. You’ll need to locate and notify heirs of the decedent’s passing.

Others who need to be notified include charities named in the will. You’ll need to identify prior transfers to charities that were partial transfers, such as Charitable Remainder Trusts. If there is a charitable remainder trust with a retained lifetime income interest, it will need to be in the estate tax return, albeit with an offsetting estate tax charitable deduction.

Locate the important documents, including the will, any correspondence relating to the will, any letters explaining the decedent’s wishes, deeds, trusts, bank and brokerage statements, partnership agreements, prior tax returns, federal and state tax forms and any gift tax returns. All of these are important steps to take after someone dies.

An estate planning attorney will be able to help determine ownership issues, including identifying assets and liabilities. This includes deeds, vehicle titles, club memberships, personal possessions and business assets, including copyrights and patents.

Social Security will need to be notified, as will Medicare, pension administrators, Department of Veteran Affairs, the post office, trustees, and any service providers.

Filing taxes for the last year of the person’s life and their estate tax filing needs to happen on a timely basis. Even if an estate tax return may not be required, it is useful to file to establish date of death values for assets. It is important to resolve income tax statute of limitation issues and any IRS or state examination issues.

Estate administration is a big job, especially if you’ve never done it before. Having the help of an experienced estate lawyer to determine what steps to take after someone dies can alleviate much of the worry that comes with settling an estate. Beck & Lenox always offers a courtesy meeting with the Executor or Trustee to remind them of the steps they should take to settle the estate and distribute the estate to the heirs.

The attorneys may offer their services to do Trust or Probate Administration if the responsible party seems overwhelmed. See this article for more information:  https://beckelderlaw.com/probate-estate-administration/ .

Reference: Accounting Web (March 19, 2021) “Checklist for Working With a Decedent’s Estate”

 

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