I was recently at a family funeral. And being the big side of my family (the Italian side) there were many many cousins I hadn't seen in a while. Like many family's we have a day or two of viewing at the funeral home. Then we have the actual funeral procession where we drive to the cemetery then have the luncheon. Some family's have a dinner instead so to each their own.
I started into a conversation about what is the family going to do with the personal things at his house? What would they do just place sticky notes on them? Is there a Will/Trust?
But, what do you do when someone dies? I've developed a great list of the 10 top things to do once a loved one has passed away and I'm going to share them with you.
- Make sure all the family is notified (very important to provide notice to all family members).
- Need to see if there is a Personal Property Memorandum that distributes personal property (ie. not real estate or vehicles or bank accounts)
- Is there a signed Michigan Will or Trust? Or other state?
- Get to decedent's house/apartment before funeral ends (very important) and see what property is left in house (if possible let others know what you would like as a keep sake with a sticky note).
- If you are related by blood need to determine if there are assets that would go through probate.
- Never, (under any circumstances) should you accept property without knowing the full extent of the assets. Ie. if you are a child of decedent you should verify approx. value of home, were you included in Michigan Will/Trust. IF YOU DO YOU MAY BE OUT OF LUCK FROM GOING AFTER A FAMILY MEMBER IN THE FUTURE.
- Be respectful of others that may have an equal interest to the decedent's personal things.
- If you do fight, you will need to set aside 2 years of your life and probably some rainy day money – is all this worth it to you? Maybe so, if so, you need to get the right advice (see #9_)
- Hire an attorney who not only specializes in Estate Planning, but also has handled probate litigation when one family member shafts another and an attorney who has dealt with handwriting experts and other medical dr's.
- Review 1 thru 9 and be thankful for what you have.
I'm currently involved with a Trust/Will contest where the Evil Brother has essentially stolen more than $1.24 mm from Mom's Trust and the client has been disinherited years ago when Mom was not in the right mental state of mind.
I hope these 10 steps help you and your loved ones in the future.
For more information contact Joseph J. Dadich at contact@1estateplanningmichigan.com
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