First Steps After the Death of a Loved One

As an estate planning attorney, I often receive calls from clients after one of their loved ones has died. The client often feels overwhelmed and doesn’t know when or how to start managing their loved one’s estate. Below is a list of initial steps to take following the death of a loved one:

1. First and foremost, do not panic. Regardless of the circumstance, your first priority should be taking the time you need to heal from your loss. If you need immediate assistance, you should contact your estate planning attorney in order to discuss any critical concerns.

2. Next, you should notify relevant individuals, including close family and friends, as well as the employer of your loved one, if they were employed.

3. After relevant individuals are notified you should work to obtain your loved one’s original estate planning documents so that you may determine their wishes. These documents may include: a revocable trust, a will, a power of attorney for health care, a power of attorney for property, a medical release authorization (HIPAA), etc. 

4. Once you have retrieved your loved one’s estate planning documents you should review them to determine if they had any specific wishes in regards to their burial, and then begin planning their funeral and/or burial or cremation. 

5. Often the funeral director will request and obtain death certificates on your behalf. Generally, it is advisable that you should request multiple copies – usually 20-25 copies – because copies will be needed to complete many of the administrative tasks going forward.

6. As a precaution, you should immediately ensure that the residence of the deceased is secured and that all of their property is being properly looked after. 

7. Next, you should contact an estate planning attorney. An estate planning attorney can help you determine who should be acting on behalf of the estate (i.e., who is named as trustee or executor); whether probate court is necessary; who the beneficiaries are; and your next steps. 

8. Within 30 days after the death of a loved one, you should also ensure that you file the original will with the court of the county in which the deceased resided. When recording the original will, you should also request 2-3 certified copies of the will, for your records. Your estate planning attorney would be able to assist in this process. 

As experienced estate planning attorneys, we at Lavelle Law recognize that administering a loved one’s estate can be overwhelming. For this reason, we take great care to ensure that you have the support you need to make the proper decisions. If you would like to schedule a free consultation to hear more about how we can help, please call attorney Heather A. McCollum at (847) 705-7555 or email her at hmccollum@lavellelaw.com.