Even when a person who passes away spent a lot of time getting their affairs in order, there can still be concerns, panic, and stress on the part of the survivors, says the Houston Chronicle in its article, “Elder Law: Some unforeseen issues usually arise for survivors, executor.”
If you’re the designated executor of a will, you’ll want to know what you need to do ASAP. However, remember that even though you’ve been named in the will, it is still not official because the will must be filed in court with an application. Until the will is admitted to probate, you need to cool your heels because it’s not yet official.
When called upon, you will sign an oath that you promise to faithfully discharge your duties. Letters testamentary then need to be requested—that is proof you’re authorized to act on behalf of the estate. It’s your “permit” that makes your job as executor official.
A common situation arises when the decedent passes away in his or her home, and you get a call from a police officer. If law enforcement has received clearance to release the body from going to the medical examiner's office for an autopsy, the task is then to locate the right family member or agent to direct the body to a funeral home or other facility. Once the body’s been removed from the place of death to the mortuary and, if the decedent lived alone, your task is to secure the house and any other physical property. The next step is to look into funeral arrangements.
Many executors think about changing the locks immediately, if they’re uncertain who has keys to the place. It’s not uncommon for a relative or a beneficiary who has not been named executor to help themselves to items in the home. Remove valuables from the house, unless you can keep them safe there. These are things like cash, jewelry, guns, precious metals and antiques.
Some other logistical points: don’t turn off the utilities because you’ll need them left on when dealing with the property in the house and later selling the home. Have the person’s mail forwarded to your home or office. Take care of pets and plants in the house and find people to look after them. Maintain the home—cut the grass or shovel the driveway—you need it to look like people live there in order to reduce potential break-ins.
Finally, find any pre-need funeral or cremation contract that’s been paid for in advance or is to be paid for, based on the assignment of a life insurance policy connected to the contract. You should then speak with an experienced probate attorney to help you with the next steps.
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Jeffrey Bellomo, Esq.
Reference: Houston Chronicle (August 15, 2017) “Elder Law: Some unforeseen issues usually arise for survivors, executor”
Suggested Key Terms: Asset Protection, Probate Court, Inheritance, Estate Planning Lawyer, Probate Attorney, Executor