Questions To Ask Estate Attorney After Death Of A Loved One

Handling a loved one’s passing is one of the hardest things in the world, and in most cases, taking care of estate matters in such an emotional state is close to impossible. This is exactly why many turn to estate attorneys for assistance in this sensitive time.

Still, once you get in touch, there are questions to ask an estate attorney after death - questions that will see to it that the process of handling the decedent's assets goes smoothly and with minimal family conflict over the administration of the estate.

1. What is the best way to notify family members of the death?

Assuming everyone will eventually learn of the death is a mistake as you can’t rely on obituaries to effectively provide information. A similar thing applies to word-of-mouth. The best course of action is to speak with an estate attorney who will explain all the requirements and show you how you can use local newspapers and other methods to let people know. 

It’s worth noting that this not only ensures family members are informed but also helps protect your legal rights and minimizes the chances of other parties contesting the estate.

Furthermore, one of the questions should also address informing the creditors and other parties who send invoices to the decedent of the passing. This is crucial as you have a legal obligation to inform all known and unknown creditors.

2. How to obtain a death certificate?

A death certificate is vital and you’ll need it whenever you’re required to produce documentation on the passing, such as when launching a probate case. 

In most instances, you’ll be able to obtain a death certificate right after the funeral service by asking the funeral home or the funeral director for assistance. This isn’t always possible so make sure to consult an estate attorney on the matter as well.

It’s also useful to obtain multiple copies of this document by contacting the Department of Vital Records. Since handling matters with county offices and officers is very difficult while still grieving, it may be best to let the estate attorney attend to it on your behalf.

3. How to determine if there is a legitimate will?

One of the questions to ask an estate attorney after death has to do with figuring out whether your loved one left a legitimate will.

Since this document simplifies the probate process, you should lose no time in searching through the loved one’s belongings. If you’re unsuccessful here, many individuals store a will in a safe deposit box, so it’s useful to inquire about this in the deceased’s bank.

4. Is the power of attorney you had still effective?

5. Can you take the assets the decedent wanted you to have?

Unfortunately, no. You are not allowed to take any items or assets until you formally open the estate and discover the assets that are included. Even when the estate enters probate, in most cases, it’s very challenging to take specific items, especially if there is no will.

By involving an estate attorney as a buffer in family matters, you can ensure everyone is as happy as possible with the division of assets.

6. Is probate necessary if a person died without a will?

You may think that probate is only necessary to check the validity of the will, but even if the decedent died intestate, a probate is necessary so the assets can be fairly distributed according to Florida intestacy laws.

The length of the probate proceedings will depend purely on the size of the estate. While smaller estates usually get settled within a few months, probate may take over a year for larger ones.

7. How soon should you open the estate?

To many families, it may seem that taking time to grieve and postponing probate is perfectly fine. Nonetheless, opening the estate as soon as possible is crucial if you want to safeguard the assets. 

Generally speaking, when a loved one passes away, businesses and people that don’t have the family’s best interests in mind will take the opportunity to pursue their financial gain. Opening the estate helps minimize outside interference as only one person will have control over the assets - the aforementioned personal representative.

8. Is it necessary to settle debts?

One of the key questions to ask an estate attorney after death is related to the decedent’s debts - mainly how you should handle them.

While some debts will get discharged as soon as the person passes away, others will stay in effect and become a part of the estate. This may seem concerning, but in most cases, the heirs won’t have to take on any debts if the assets of the estate exceed liabilities, such as taxes. 

This is why consulting an estate planning attorney is crucial, as many families make the mistake of paying off debts on their own accord - even those they’re not legally responsible for.

Protect your estates with attorneys from Doane & Doane

Handling the assets of a loved one is not easy but there is someone you can turn to for help as you and your family can benefit from the services of an experienced estate planning attorney.

Protect your assets and check all the legal boxes by reaching out to attorneys at Doane & Doane. 

As one of the leaders in the estate planning legal scene in Palm Beach County, navigating the convoluted maze of the probate and estate planning legal processes is second nature to us. We’ve helped thousands of clients over the last two decades successfully administer and close the estate with minimal trouble, and we’re confident that we can do the same for you. 

Call 561-656-0200 or fill out our contact form, schedule a free consultation, and we’ll answer any questions you may have.

Note: The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.