PROBATE
HANDLING DEBTS AND
ASSETS AFTER DEATH
When a loved one dies, besides the grief, you can be faced with a complex maze of estate affairs to handle:
- Assisting the surviving spouse and any minor children to “unfreeze” any accounts needed for support can require the help of an attorney
- You must find all documents relating to the deceased’s estate, like the last will, trust papers, or other documents in order to transfer title to the deceased’s property.
- You will need an attorney to examine whether or not you have to probate the estate in court to transfer title to the heirs
- If you need to sell (or “liquidate”) property of the Deceased’s estate, you should ensure it’s done properly and that takes the advice of a competent attorney
- The funeral bills and burial costs should be paid
- State and maybe federal estate (or “death”) tax returns must be filed, as well as the last income tax returns.
- The deceased’s debts, including credit card debts, need to be handled
- Any Insurance issues, including life insurance, need to be handled
- Properly transferring title of all real and personal property, including the home, vehicle(s), bank account(s), etc. whether titled in joint tenancy or otherwise, should be done properly
- Legal assistance minimizes your risk or liability in handling the Deceased’s estate
Additionally, if the deceased was involved in some sort of accident, a probate action may need to be filed to appoint a personal representative who would handle any lawsuit or claim, and then to handle the distribution of any settlement or judgment recovered to the proper persons.
For compassionate, experienced help, or if you just have questions, contact Jean Holmes at Winters & King (jholmes@wintersking.com) for assistance.