Legal Question in Wills and Trusts in Massachusetts

Re: procedures after death of a loved one

First, please accept my condolences on your mother's death.

The first thing to do is.... as little as possible. Really. Just catch your breath.

Unless there is an immediate crisis concerning her affairs (for example, ongoing litigation), then safeguard her house, checkbook and credit cards, and any personal property; get through the funeral; and do only as much as you feel up to for the next few days.

Later next week, start locating her important papers and financial information, safe deposit box keys, last year's tax return and this year's 1099 forms, etc., etc. The more organized you are at the beginning, the easier it will be to do your job -- and the probate will be less expensive. Make sure to cancel her credit cards as soon as possible to avoid identity theft.

Make sure you know where the original Will is located. If it is sitting at her lawyer's office, decide whether you want to use that lawyer. If you don't, give the lawyer a copy of her death certificate and pick up the will or have it sent to a lawyer of your choice. When you meet with the lawyer, bring with you that list of her accounts and assets with you -- it will make her job much easier.

Please feel free to contact me if I can be of assistance.

Re: procedures after death of a loved one

You should just focus on the funeral for now. Then once that is done, you can begin the settlement of her estate. Your next steps would be dictated by the terms of the Will or Trust. You should consult an estate attorney.

Procedures after death of a loved one

I agree.

This is a terrible time for you.

There are check lists and other information that can be provided to help you understand what you need to do.

If you happen to come across the will, put it in a safe place.

What you need to do will depend on the amount of assets in the estate.

If you contact me, I will be glad to provide you any information that can assist you and your family.

Re: procedures after death of a loved one

Please accept my condolences.

The first step, of course, is selecting a funeral home, if you haven't already. (I am assuming that having things at home, like in the old days, would not be an option.) They can assist you with some of the details surrounding the funeral, and give you some ideas as to costs. Note that you don't have to agree to all of their options, and I believe you do have the right to purchase a coffin from another supplier, available on the web or in Yellow Pages. Generally, though, the funeral home will have a wealth of information on the funeral process, notifying friends, neighbors, relatives, protecting the home during the funeral and wake (usually by having a friend house sit there), preparation of an obituary (the story of a person's life, in brief) and death notice (information on services).

If your mom had an attorney, and recently had the will drawn up, you may wish to get back in touch with that attorney, because they may be more in touch with your mom's planning. Otherwise, after things have settled down in a week or two, you can contact an estate attorney to go through the details of probate, and the anticipated costs.

The exception would be if you have urgent need for access to your mom's bank accounts titled only in her name (not joint), in which case you'd want to talk to an attorney sooner.

Please feel free to contact me if you need further assistance.