重要的事情先做
When a family member dies, the array of emotions can be overwhelming. Just as much, the array of practical and logistical details can be overwhelming. 作为一名遗产规划律师, I sometimes will get calls from an Estate Planning client’s family members immediately after that client’s death. This is like putting the proverbial cart before the horse. While it is important to contact an attorney after a loved ones death, 这当然不是首要任务.
First and foremost, address the emotional and spiritual care of a surviving spouse or child(ren). 如果他们有信仰家庭，联系他们的神职人员. 如果死者的家人和教堂没有关系, 清真寺或犹太教堂, hospice organizations generally have grief counselors available and on call. Pay special attention to loved ones for the first few hours after a death. Shock and trauma due to the death of a relative can show itself in different ways depending on the person’s upbringing and culture.
接下来，通知葬礼承办人和/或神职人员. 再一次。, 如果你已故的家人没有信仰之家, funeral home directors can recommend someone appropriate to conduct a service. 取决于死者的信仰和性格, 这可以是个更传统的葬礼, 生命的庆典, 或回家. The funeral home will also handle several logistical issues besides the funeral or memorial service. A representative from the funeral home will coordinate ordering death certificates and will contact the Social Security Administration of your family member’s passing.
If you’ve never had an opportunity to discuss funeral plans with your deceased family member, do a cursory check of their important papers to see if there are any pre-planned and/or pre-paid funeral arrangements. These may include special requests such as specific wording of the obituary or special music the decedent wants played. 如果死者是退伍军人, they may be entitled to special honors at the funeral or memorial service.
Only concern yourself with administering the decedent’s estate after the memorial service is completed and the next step of the grieving process has begun. 通常是幸存的家庭成员, especially widows or widowers feel pressure to start giving away sentimental items immediately. There’s no need to do this quickly and a surviving spouse is often better able to think clearly about who gets what after a few days or even weeks have passed.
在情感健康的家庭中, people will understand this decision to postpone giving away items and the reasoning behind it. Sometimes if family members express a sense of entitlement to certain items it may even be necessary to secure the decedent’s home during the funeral and wake. Ask a neighbor of trusted friend who is not attending the funeral to stay at the home while the immediate family is gone to the funeral. 也, if there is concern that Great Aunt Betty may choose to ransack Grandma’s jewelry box during the reception at the family home, have the reception at a banquet hall or fellowship hall instead.
一旦死者的家庭成员得到适当的纪念, 那时，也只有那时, 是时候管理遗产了吗. I don’t know of anyone who enjoys talking about death or dying, 然而,, what estate planning attorneys do is help our clients to plan for their inevitable passing. We set up a Trust or Will based estate planned designed to protect family members, transfer assets and ensure that the client’s wishes are honored after their death. If your deceased family member had a Last Will and Testament or Trust, it’s generally best to contact the law firm that prepared those estate planning documents, 虽然这当然不是必须的. Any Florida licensed attorney who concentrates their practice in estate planning or probate is capable of assisting your family.
Sometimes a deceased family member won’t have taken the time to write a Will. In this case, their estate can still be probated using the default rules in the Florida Statutes. 不管遗嘱是否存在, it’s best to consult with an attorney to find out what needs to be done to smoothly transfer ownership of your loved one’s assets.
When you come to the consultation appointment bring the original Will if one exists. It’s helpful to bring as much information as you have about the deceased loved one’s belongings, 退休福利, 人寿保险单及财务帐目. 也 bring at least 3 certified copies of the death certificate. Examples of some information you will want to try to find to bring to the consultation are:
-葬礼或追悼会收据的复印件
-Most recent bank statements for accounts on which decedent’s name appears as either sole or co-owner in any capacity and copy of signature card for each account.
-All passbooks and savings certificates on which the decedent’s name appears.
-Titles for all automobiles, recreational vehicles, boats, trailers, motorcycles, airplanes, etc.，其中死者有任何所有权权益.
-Most recent statements for all mutual fund and stock brokerage accounts
有了这些信息, your attorney can advise you on what steps are necessary to transfer your deceased loved one’s belongings to the proper recipients and if probate is necessary. 然而, please remember the meeting with an attorney can and should wait until the decedent has been properly memorialized and the family’s emotional needs have been addressed.