What To Do When A Loved One Passes Away

What To Do When A Loved One Passes Away

When a loved one passes away, it’s not just the emotional shock that can get to you. Coping with a loss is a very emotionally draining time, but there are also practical matters that need to be dealt with, too.

It is always a difficult situation when we lose a loved one. The process can become even more complicated if we need to establish their will, probate their estate, or deal with the probate court. Whether you’re in a position of power of attorney or not, the following are some helpful tips to help you navigate through this tough time.

Before you begin any legal action, it is important for you to be aware of what type of assets and property your loved one owned. This can be done by reviewing their will as well as contacting their bank, mortgage company, stock broker, etc., and asking what type of accounts they had. Once you are aware of all the assets they owned, it becomes clear which ones need to contact a probate lawyer from Marty Martin Bankruptcy Law.

To establish a will, it is important to contact a probate lawyer who can lead you through the process of establishing your loved one’s will as well as dealing with probate lawyers. In addition to working with a probate lawyer from Marty Martin Bankruptcy Law, make sure and have all the necessary documents on hand for them including:

  • The Last Will & Testament – Either your loved one’s original copy or at least a copy of it
  • Probate Lawyers – These are the attorneys that represent each beneficiary named in the existing will.

Why a Probate Lawyer is Needed

When a loved one passes away, the last thing you want to deal with is their finances and especially any debt they may have left behind. Even if you are the spouse of the deceased and there is no debt, you will still need to work on transferring your loved one’s assets into your name so that you can continue living. This is called probate, and it’s not a fun process—especially during this sad time.

Decisions Regarding Burial or Cremation

One of the first decisions you will need to make is whether your loved one will be buried or cremated. There are several factors to consider when making this decision. Primarily, it is important to know what your deceased loved one wanted if he or she had shared their wishes with someone else in his or her life. Secondarily, the cost of burial versus cremation needs to be considered if there are not enough funds in the deceased’s estate to cover the service and burial costs. Once these decisions have been made, we can work through putting together an estate plan for your loved one who has passed away so that their wishes are respected and their assets.

Probate can be complicated and time-consuming. This is why it is important to have a probate lawyer from Marty Martin Bankruptcy Law to help you through the process. When a loved one passes away, their estate has to go through probate court before the assets can be transferred into your name. The probate court makes sure that all debts and taxes are paid, any disputes over the will are resolved, and ensures that all assets are properly distributed as outlined in the will (or in state law if there was no will). 


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