Legal Notes

Most attorneys in small towns handle estate matters. When someone dies, we often get a call from the surviving heirs (often a spouse); and the first question is “What do I do?”

Recently, my good friend Nan Garrison gave me an excerpt from a book entitled Making Things Easy For My Family; and while a lot of the information in it was familiar to me, nonetheless, I thought this is very organized and worth sharing with readers since all reading this are going to experience death whether it be their own or that of a loved one:

First: Upon the shock of a death in the family, you should notify all close friends and loved ones as soon as possible.

Second: Is there an employer to call?

Third: Call the funeral home and make an appointment within 12 hours of the death if possible. One of the most important things to know about the funeral home is that they will secure death certificates for you which can take 2-3 weeks to come back. (Ask for 10 copies.) You may need these certificates for estate administration. While it is rare, sometimes people will state certain instructions about their funeral in their last will and testament. I don’t encourage that and think it better to talk about funerals way ahead of time. I have told my wife I want to be cremated. Some days she gets the itch to go ahead and light the match!!!!!

Fourth: It is normally okay to wait until “after” the funeral to call an attorney. Before going to see the lawyer, determine if your loved one had a will. If so, you will need the original and take it with you. If there is no will, then your attorney will know what to do under those circumstances.

Fifth: You may need to determine if the deceased had a mortgage on their house or property and you will need to notify the bank or loan company. Are there credit card bills outstanding? These companies will need to be contacted; and if there are large debts, the attorney needs to know who the companies are and what the debts are.

Sixth: You need to next inquire if there was any life insurance. You will need to contact the life insurance company directly; and most of the time, life insurance goes “OUTSIDE” of the estate. But you will need the death certificate for the life insurance company.

Seventh: Was the loved one over 65? If so, you may need to notify social security as well as Medicare. If you get any checks after the death, most of the time you will have to refund the monies. Eighth: If your loved one was still working at death, then contact your CPA or accountant to see if tax returns need to be filed for the year of death.

Ninth: Did the deceased have a pension or 401K? Oftentimes, these are transferable to named beneficiaries; and most of the time, just as life insurance, the benefits go outside of the will if a designated beneficiary is named in the policy. There may also be tax consequences if the funds were tax deferred.

Tenth: Bank accounts need to be checked on. I try to advise clients who have older relatives to see if they can get the relative to agree to a joint account. It makes it much smoother at death if the accounts can be accessed without court order, but there has to be trust involved. A power of attorney is convenient for this, too; but the POA TERMINATES on death!

Eleventh: Automobiles that are not cotitled with another relative will have to have a court order allowing change of title and or sale if done while the estate is opened.

Twelfth: Land and house (real property) is a subject that I can talk about all day; but during the pendency of an estate, land and houses have to be kept up. This is usually the executor’s (most of the time a family member) job. Taxes on real property go on; and if the estate takes a while to close, then the property taxes have to be paid. This, too, is the executor’s or administrator’s responsibility.

The above is by no means an exhaustive list of all of the ins and outs of estate matters, but it is a good overview of what you might be facing. Death is a certainty, and I would bet everyone reading this is going to be faced with a lot of these issues at some point in time. The more prepared you are, the easier it is on your family.

Lucien C. “Sam” Gwin III was admitted to the Mississippi Bar in 1981 and has been practicing many aspects of the law at the firm of Gwin, Punches & Kelley in Natchez, Mississippi, ever since. Bluffs & Bayous { May / June 2021 { Page 23