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 will 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.
Please email info@heritagemortuary.com
and we will provide you with contact information for county
and federal offices you may need to contact to settle the
estate.
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 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.
You may obtain additional information in regard to your state,
or about this issue, by contacting us at info@heritagemortuary.com
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