NOTIFY FAMILY AND FRIENDS:
Ask them to help you with some tasks, including notification of other
family and friends. (The Red Cross will help notify family members if the
deceased was in the military or if the relative to be notified is in the
military.)
DECEASED'S INSTRUCTIONS:
Look through the
deceased's papers to find if she or he:
- had a prepaid burial plan
- belonged to a memorial society
- had written instructions regarding her/his funeral
arrangements
ARRANGEMENTS FOR THE DECEASED PERSON'S
BODY:
Arrange for the body to be picked up:
- according to the Coroner's instructions
- according to the instructions from a training hospital if
the body or organs are donated
- by the mortuary chosen for the funeral (NOTE: Federal law
requires price information to be given over the phone.)
- by the crematory if you are going to cremate the body
One To Three Days
COMPLETE THE FUNERAL AND BURIAL ARRANGEMENTS: Ask a
trusted friend or family member to go with you to the mortuary to advise and
support you in making the funeral and burial arrangements.
Arrangements
may include transfer to another location, burial or cremation. You may ask a
clergy member to assist you. If the deceased was a member of the Rocky Mountain
Memorial Society, you can obtain a lower rate on cremation or funeral
services.
FINANCIAL AND OTHER ASSISTANCE:
If the
deceased was on public assistance, burial assistance may be available. Contact
your local County Department of Social Services as soon as possible. Total
expenses of burial will be limited to qualify for the benefit.
If the
deceased was in the military or is the spouse or dependent child of a person in
the military, contact the VA cemetery or VA office. There may be burial
benefits. The mortuary will call the VA at your request.
Contact
fraternal and religious organizations which may conduct funeral services and
other organizations of which the deceased was a member.
If you have
concerns that you cannot resolve with the funeral director or management of the
funeral home, contact the Funeral Service Customer Assistance program at: 1
(800) 662-7666.
Choose someone to:
- answer the phone
- collect mail
- care for pets
- locate the car keys
- take care of perishable property
- take care of lawn or snow removal
- stay at the home during the funeral to guard against
break-ins occurring when the family is at the funeral
- provide food for family and friends after the funeral
One To Ten Days
DEATH CERTIFICATES:
The most
common and quickest way to obtain death certificates is through the funeral
director. The cost is usually higher for the first death certificate.
Additional certificates can be obtained at a lower price. In order to know how
many to order, you should estimate the number of different assets held by the
deceased or institutions that will require a death certificate. If you do not
order enough, you can get more death certificates later through the County
Vital Statistics Department where the death occurred or through the State
Department of Public Health and Environment - Vital Records Office.
Contact the following persons or institutions:
- Police, to occasionally check the house of deceased
- Attorney, to learn how to transfer assets and report
taxes
- Accountant or tax preparer, to determine returns to be
filed
- Investment professionals, to obtain information on
holdings
- Bank, to locate accounts and safe deposit box
- Insurance agent, to obtain claim forms
- Social Services, to learn of benefits
- Social Security, to stop monthly check and learn of
benefits
- Veterans Affairs, to stop monthly check and learn of
benefits
- Agency providing pension services, to stop monthly check
and obtain claim forms
- Guardian, Conservator, Agent under a durable power of
attorney, to notify of death and the end of their responsibility
- Utility companies, to alter or discontinue service
- Employer, to notify of death and learn of benefits
- Newspaper, to stop subscription
- Post office, if necessary, to forward mail
PRIOR TO APPOINTMENT AS PERSONAL
REPRESENTATIVE:
If you are named personal representative (formerly
called "executor") in a will you have the power, before you are appointed by
the court, to carry out written instructions of the deceased relating to the
body, funeral and burial arrangements. You may begin to protect the deceased's
property. Do not remove or distribute property before the opening of the
estate. Other brochures are available from the Bar Association to explain the
duties of the personal representative and how the personal representative is
appointed when there is no will.
SEARCH FOR THE WILL:
The original will is usually in a safe deposit box, in the attorney's
office, or in a file at home. Check for a strong box or file cabinet. When the
original signed will is found, file it within ten days with the probate court
in the county where the deceased lived. It is also possible the will was filed,
during the deceased's lifetime, with the court for safekeeping.
ENTERING THE SAFE DEPOSIT BOX:
Any person whose name is also on
the box may enter it at any time. An heir or beneficiary in a will can ask the
bank to search for the will, a deed to a burial plot or burial instructions. A
representative of the bank will open the box in the presence of the heir or
beneficiary and remove any will that is found. The bank will retain possession
of the will and forward it to the court. After the will is filed in court, the
personal representative named in the will can petition the court to appoint her
or him.
SEARCH FOR OTHER DOCUMENTS:
The personal
representative is the court officer who has authority to search for important
papers. The search should include the home, office, place of business, the safe
deposit box and with advisors such as accountant, investment professionals and
attorney. Any information indicating that an asset exists or that bills are
unpaid should be kept for use in the administration of the estate.
Look
for:
- funeral and burial plans
- safe deposit rental agreement and keys
- trust agreements
- nuptial agreements
- life insurance policies or statements
- pension, IRA, retirement statements
- income tax returns for several years
- gift tax returns
- marriage, birth and death certificates
- divorce papers
- military records and discharge papers
- computer bookkeeping records
- certificates of deposit
- bank statements, checkbooks and check registers
- notes receivable and payable
- motor vehicle titles
- deeds, deeds of trust, mortgages and title policies
- leases
- stock and bond certificates and account statements
- bankruptcy filings
- partnership or corporate agreements
- unpaid bills
- health insurance
TAKE CARE AGAINST UNSCRUPULOUS PERSONS:
In the period following the loss of a loved one, be careful before
accepting any telephone solicitation. Fraudulent invoices may be received and
should be looked at carefully for validity. Avoid lifestyle changes for a
period to allow for reflection on how the loss will affect the surviving family
and friends.
AVOID IMMEDIATE COLLECTION OF BENEFITS:
Avoid transferring title to assets or making claims as a beneficiary
until considering whether either a tax or non-tax reason exists for refusing to
receive an asset. Even though the account executive wants to be helpful, you
may lose an important tax advantage if you accept an asset. An attorney can
tell you what is most helpful.
VETERANS BENEFITS AND SOCIAL
SECURITY:
The mortuary may assist you with the paperwork for both
VA and Social Security benefits. For information on VA benefits, call the
nearest VA listing for Benefits Information and Assistance.
For Social
Security benefits, call the Social Security Administration immediately. Call 1
(800) 772-1213.
Be prepared to identify the deceased's:
- relationship to you
- Social Security or VA claim number
- date of birth
- date of death
- place of death
- surviving spouse or next of kin
- medical history that bears on whether the death is
service related or not
If you do not know the VA number, then
provide:
- service number
- dates of active service
Your call will stop the monthly payments. You
must return the check for the month of death.
Social Security monthly
benefits are available to the surviving spouse and to children under 18 and
certain disabled children. Benefits include a lump sum death benefit. Ask for
the "Social Security Survivors" brochure.
Veterans benefits may be
available to surviving spouse. Benefits may include a lump sum death benefit,
if death was service connected, a continuing monthly payment to the surviving
spouse, and financial assistance with funeral expenses and cemetery plot, or
burial in a national cemetery. Ask for the "Federal Benefits for Veterans and
Dependents" publication.
WORDS OF CAUTION:
This
pamphlet cannot relate everything you may need to know in the first few days
following a death. You should establish an early relationship with your
attorney to assure that all matters are properly addressed. Seeking your
attorney's advice before you act may avoid more costly legal services later.
This
pamphlet is published as a public service by the Colorado Bar Association. Its
purpose is to inform citizens of their legal rights and obligations and to
provide information regarding the legal profession and how it may best serve
the community. Changes may have occurred in the law since the time of
publication. Before relying on this information, consult an attorney about your
individual case.
© The Colorado Bar
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