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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 may 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 of 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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