The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances.
Handling the affairs of someone who has passed away is the norm for my office. However, I realize that for many, death comes as a shock. Nothing can prepare you for the loss of a loved one; it can be overwhelming. However, don’t forget to take care of yourself and reach out to loved ones for help. The purpose of this week’s column is to provide you with practical guidance when someone passes away.
Once the immediate shock begins to settle, there are important steps to take in the first few days after someone dies. This is when funeral planning begins in earnest, and when you'll start navigating the practical and legal side of loss.
Schedule a meeting with the funeral home to discuss arrangements. They will walk you through your options, including burial versus cremation, service type, casket or urn selection, and timing. Bring a trusted friend or family member for support — and to help you remember details later. Don't hesitate to ask about pricing for every item; funeral homes are required by law (the FTC Funeral Rule) to provide itemized price lists.
Decide on the type of service that best honors your loved one. Will it be a traditional funeral, a celebration of life, a graveside service, or something else entirely? Consider their wishes, religious or cultural traditions, and what feels right for your family.
Select songs, hymns, poems, or readings that reflect the personality and life of the person you've lost. Music can be one of the most powerful and healing parts of a service.
You will need multiple certified copies of the death certificate, typically 10 to 15. The funeral home handles ordering these from the vital records office. Banks, insurance companies, the Social Security Administration, and many other institutions require original certified copies, not photocopies.
Draft an obituary for your local newspaper and any online platforms. Include the person's full name, age, date of death, surviving family members, and details about the funeral or memorial service. Many funeral homes will help you write and place the obituary.
If the deceased had a life insurance policy, call the insurance company to begin the claims process. You'll need the policy number and a certified copy of the death certificate. Life insurance claims can take several weeks to process, so starting early helps ensure funds are available when you need them for funeral costs and other expenses.
The funeral home usually reports the death on your behalf to Social Security. If the deceased was receiving Social Security benefits, those payments must stop. A surviving spouse or dependent children may be eligible for survivor benefits, so ask about this during your call.
Contact the deceased's bank to report the death and inquire about joint accounts, beneficiary designations, and the process for accessing funds. You may need to present a death certificate. Do not withdraw money from individual accounts before the estate is properly administered; doing so will create legal complications.
Collect recent bank statements, tax returns, investment account information, mortgage documents, and records of debts or recurring payments. This will be critical for the estate executor and for ensuring bills continue to be paid during the transition period. Check email and physical mail for statements and bills. Redirect the mail to an address that is checked regularly.
If the deceased had a Will, the named executor should begin the probate process. Contact an estate attorney to assist you in making sure all of the legal formalities are followed and addressed. The executor has a legal duty to manage the estate, pay debts, and distribute assets according to the Will, but they don’t have the authority to do so until the Will is reviewed and approved by the court. If there was no Will, then the process can be much more complicated and an estate attorney can help you negotiate this process much easier because that is what they do. To see this column and many more on this subject, go to www.moakandmoak.com.
Sam A. Moak is an attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. To see this column, and many more, go to www.moakandmoak.com ©