Perhaps one of the most important tasks you now face is the disposition
of a loved one's estate. Whether or not the deceased had a will can
make a greater difference in the time and effort involved in the proper
disposition. It is suggested that you obtain legal advice on the array
of different matters such as the disbursement or conversion of assets,
changing of property deeds and titles, the disposition of bank accounts,
stocks and bonds, and the disposition of business assets.
If you do not have an attorney, now is a good time to find one. The
best methods of finding an attorney are through friends and relatives,
or by calling your local bar association.
If your loved one had a will, it will need to be probated. Probate
is the legal procedure for the orderly distribution of estates. In
most cases, probating a will is a simple process. Only in the instances
where the will is being contested or the deceased had numerous holdings
will the action be more complex. There is usually a specific time within
which a will must be probated, so it is important to check carefully.
If there is no will, the estate will be disposed of according to the
state laws governing descent and distribution.
Preparation and or review of your own will is also an important consideration
at this time. It is the best way to assure that your estate is handled
according to your desires.
Life Insurance Information
Traditionally, life insurance companies require only two forms to
establish proof for a claim; (1) a statement of claim, and (2) a certified
copy of a death certificate. Please remember that this is a general
statement. Your insurance companies reserve the right to request further
information or proof that they deem necessary.
When filing a claim form, you should have available the following
information:
1. The policy number(s) and the face amount.
2. The full name and address of the deceased.
3. His or Her occupation and the last date worked.
4. His or her date and place of birth and the source of the birth information.
5. Date, place, and cause of death.
6. Claimant's name, age, address, Social Security Number, and date of birth.
Financial and Credit Obligations
You will want to gather all the bills together and make sure you are
aware of all the credit obligations of the deceased. Many installment
loans, service contracts, and credit cards accounts are covered by
credit life insurance, which pays off the account balance in the event
of the death of a customer.
You should contact any financial institution where the deceased had
a loan, and inform them of the death. They will be able to inform you
if the loan was covered by credit life, and what needs to be done to
file the appropriate claim. A certified copy of the death certificate
is often required to file a claim.
You will also want to contact credit card companies to notify them
of the death. If the card is jointly held, find out what documentation
is required to change cards into the survivor's name. Ask the credit
bureau to assist you in transferring your loved one's credit into your
name. They may be able to assist you in determining any outstanding
obligations of the deceased.
Make a prompt request for the release from each bank in which the
deceased and you held a joint account. This is necessary before you
can withdraw funds from that account. A bank will usually stop payment
on all checks as soon as a death notice is published. The bank must
also have the account cleared by the state tax authorities.
Living Will Information
Today there are more issues than ever before regarding "death
with dignity" or "the right to die." Advances in medical
and scientific techniques have found ways to keep people alive by way
of machines. As a result, more and more people are concerned with issues
regarding the "quality of life."
On June 25, 1990, the Supreme Court ruled in the Nancy Cruzan case
that Americans do have the constitutional "right to die," and
indicated that a Living Will or Durable Power of Attorney may be the
best way to protect that right. Issues concerning measures to sustain
life and the quality of life are very personal, and it is recommended
that you discuss these issues with your family.
Today most states have Living Will statutes, specifying documents,
which anyone can copy, and sign according to state law.
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