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Writer's pictureCherie Britton JD

Coping with Death in the Family

Death in the family naturally brings grief and a deep sense of loss to those left behind. It also brings a bunch of chores and decisions to attend to. The irony is that much as we might want to be alone and cherish the memories of the departed, reality demands us to attend to legalities. If the deceased is an organ donor and donation if still possible at the point of death, you'll want to honor your loved ones wishes and make arrangements for the donation as soon as possible. Family left behind needs to make arrangements for the funeral, resolve financial issues, and so on and so forth. If the deceased was organized, it will be easy to find important papers such as his memorial plan, last will and testament, life insurance, and other important papers. It helps if some of these tasks are delegated; certainly having a supportive group of family and friends helps you remain calm and collected and to attend to these matters as efficiently as possible. Of course you will want to notify family members, and the friends and colleagues of the deceased in person. The pastor at the local parish is good way to get word out into the community and to inform church members if the deceased was active in church during his lifetime. If you don’t feel like contacting them to let them know of the deceased’s passing, it’s okay; you can delegate the task to someone else. Actually, it could be burdensome for just one person to contact everyone you wish to inform, so it is better to delegate the task to more than one person. News about the passing of family members is best done in person, but if this is not possible, then it is done by phone. Although it is normal for people to break news by email, text messaging or social networking, it may be considered inappropriate and insensitive to relay news about someone’s passing in this manner. An obituary is another way of informing the public about the deceased’s passing. It also allows you to give a tribute in writing. Some people specify in their last will and testament the kind of funeral and burial or cremation service that they want in the event of their death. For this purpose, check the last will and testament of the deceased. Last wills and testament are either in the possession of the deceased’s attorney or are usually stored in a safety deposit box. If he wanted a funeral, then make arrangements with a funeral home in your area; if not, it is best to respect his final wish. Local department of health and human resources may provide financial for the burial. Verify if you qualify for this benefit. A neurological service is also an option; it allows the gathering of everyone whose lives the deceased may have touched. It is another opportunity to give a fitting tribute to celebrate the life of the deceased. To organize the finances of the family and to divide the assets of the deceased, information about the deceased’s account numbers for bank accounts, trust funds and any investments the deceased had must be in place. Banks and companies where the deceased have funds and investments have to be notified of the death, so does the post office so that they will know whether to stop or forward mail. Any memberships or subscriptions to services under the deceased’s name must be promptly cancelled to avoid unnecessary fees. The money you get from the life insurance company, if you are a beneficiary, could help pay for the funeral service and other unpaid debts. To do most of the above-mentioned actions you will need the death certificate. The funeral director can provide a certified copy, but additional copies can be ordered from your state's Department of Health or Office of Vital Statistics. Experts say that it is safe to have at least twenty copies of the death certificate to use in several applications. The death certificate establishes the fact and date of death and is necessary in order to claim life insurance benefits, claim pensions, and settle estates. It is also an instrument that establishes certain facts about deceased: the cause and circumstances of death, the death and place of interment, provides evidence of age, gender, and race and genealogical information. Identify the deceased’s sources of income (employers) and benefits (Social Security Administration, the Veteran's Administration, and any pension funds). The Social Security Administration should be notified as soon as possible. Any payments made to your family member after his death, should be returned or you could be charged with fraud. Before filing the will for probate to divide the deceased’s estate be sure that you have the following on hand: bank statements and checkbooks, contracts entered into by the deceased, deeds, divorce papers, health and life insurance policies, income tax returns, stocks and bonds, unpaid bills, vehicle titles, leases and birth, and marriage and death certificates. Make sure that you file the will for probate within your state’s prescribed period. If the person died with a will, in all likelihood he appointed a person to administer matters in the event of death – the executor - in which case the will should be turned over to him for probate and administration. If the deceased died without a will the probate court in the state where he died will appoint an executor. An executor is responsible for the inventory and safekeeping of the deceased’s assets. His tasks include settling all of the deceased's debts and taxes from the funds of the estate, after which he shall make final distributions to all heirs and beneficiaries. This process is monitored by the court and a final report is mandatorily required in order to close the estate. Going through the things the deceased have accumulated over the years can be overwhelming. You might want to hire a professional organizer and then decide what you want to keep and donate to your favorite charitable institution. Once all of these have been settled and your mind and body are not as busy, the reality of having lost a loved one will really sink in. Take the time to grieve and heal. The Kubler-Ross model of grief lists the five stages of grief as denial, anger, bargaining, depression and acceptance. Let family members, friends, or your church help you get closure. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.

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