A Survivor’s ChecklistThings to Do After the Death of a Loved One By Jerrold E. Slutzky, J. D., CFP® No one likes to think about death, and yet we all have to face it sooner or later. There are so many things to be done at a stressful time when survivors want time to grieve and heal. So, this checklist is meant as a resource to assist you during a time that can seem overwhelming. For surviving spouses, starting on page 14, there is a supplemental checklist which focuses more specifically on additional matters a surviving spouse may need to do and consider. This checklist is not meant to be an exhaustive list of everything that must be done, but merely a guide to help you along the path of things to be done and prioritize them as to when they need to be done. If you discover issues that need to be handled that are not addressed in this guide, feel free to contact our office for additional guidance. We also encourage you to ask questions of the deceased's close friends and relatives to ensure that you are fully informed of the deceased's assets, debts, pending lawsuits, and any other pending matters that may need your attention. A Few General Comments: 1. Each estate is unique. Your own legal, accounting, and financial planning professionals should guide you through the overall process. 2. If there is a Trust and you are named Trustee or Successor Trustee, the estate planning documents will most likely give you immediate access to funds possibly needed for funeral and other expenses related to the death of an individual. 3. If there is no Trust, but there is a Last Will & Testament (Will) naming you as executor (also called a Personal Representative), you will have to wait for court appointment for access to the deceased’s assets, but you should be able to get permission to retrieve the deceased’s original Will from his/her safe deposit box for filing with the Clerk of the Court. 4. Under Florida law, the Will must be filed with the Clerk of the Court of the county in which the deceased was residing within 10 days of the date of death. A death certificate will also need to be filed at the same time (short form – without cause of death). There is usually a $1.00 filing fee. 5. If there is a Trust, a Notice of Trust needs to be filed along with the death certificate with the Clerk of the Probate Court, along with a $41.00 filing fee (in Florida). You may find it useful to have an attorney prepare the Notice of Trust form for filing. 7. If the decedent’s trust was a revocable living trust his or her name only, the Successor Trustee will need to apply for a new tax ID number (EIN) in the name of the trust. By virtue of the decedent’s death, the trust has now become an irrevocable trust, which must file its own federal income tax return on the income it earns. Verify this with your accountant, as the requirements for filing change from year to year, and if the decedent was residing in a state with a state income tax return, a state tax return may also need to be filed. 8. Keep in mind, criminals are out there, watching for opportunities to steal assets from unsuspecting individuals. Unfortunately, “obituary robberies,” in which families’ houses are robbed while attending a funeral, are a growing concern. Don’t provide full names or hometowns of relatives in the obituary. And have someone stay at your home during the funeral, or at least park some cars in the driveway to make it look like someone is home. Within the First 24 hours: Take your time. Recognize that you are going through a grieving process. Do not be rushed into any decisions. At the immediate time of death, there is nothing that needs to happen from a legal standpoint. You can spend your time dealing with the doctors, funeral homes and immediate family members. Get yourself through this time and process. In the meanwhile 1. Locate any estate-planning documents (Will, Trust, etc.) and review them for possible instructions about disposal of the body, use of vital organs, and funeral arrangements. 2. Ensure that proper funeral arrangements have been made. Locate any papers relating to prearranged and/or prepaid funeral plans or pre-purchased burial plots. Review papers for possible instructions about the deceased’s wishes regarding disposal of the body, organ donations, and funeral or cremation preferences. 3. If there are any pets requiring care, be sure to feed them, and arrange for a temporary, if not permanent, home for them. 4. Determine whether any of the deceased’s property needs to be safeguarded, such as a motor vehicle, vacant house, etc. 5. If the house is vacant, change the locks immediately. Often, neighbors, cleaning companies, and others have copies of spare keys. You don’t want them having access to the house. If there is a security system, activate it and make sure the security code is changed. Make sure all windows, sliding doors, and other entry points are locked and secure. 7. Catalog and remove checkbooks, statements, tax returns, documents and letters that may contain account numbers, social security numbers, passwords, or other personal information that could be used for identity theft purposes. Don’t forget wallets, purses, briefcases, and desk and kitchen drawers. 8. Catalog and remove electronic storage devices including computers, laptops, tablets, smartphones, external hard drives, thumb or flash drives, and look for back-up CD-ROMs and DVDs, which may contain information that can be used to access online accounts. 9. Notify the deceased’s employer (if employed), or if deceased was a business owner, make provision for short-term continuation of business. 10. If the deceased was a tenant, notify the landlord, and find out the terms of the lease as to when rent is due and how much is being paid. 11. If the deceased has served in the U.S. Military, check the website www.USMilitary.about.com and search for information on Military Honors available at burial, such as a U.S. flag and Military Representative. 12. Cancel newspaper delivery subscriptions to the deceased’s house/apartment. A pile of uncollected newspapers is a signal to thieves that nobody is home. Similarly, take care of garbage and recycling, arrange for lawn care or snow removal, and install timers on interior lights. 13. If you know that the deceased was an active trader of stocks, and if you know the broker/dealer (or if the deceased used an online stock-trading account, you may want to contact them to make sure any open limit orders to buy or sell stocks are cancelled (Note: They may not follow your instructions until they have confirmed the death, and that you have the legal authority to give them instructions (as Trustee or Personal Representative)). 14. Go through the mail to see if there is anything requiring immediate attention. If you have the legal authority to do so, pay any bills that may be delinquent or due within a few days (e.g. mortgage or car payments) 15. If you have access to the deceased’s Facebook, LinkedIn, Twitter, or other social media, website, and/or email services, consider posting an announcement of the deceased’s passing. And you may want to provide your own contact information for funeral information. You probably don’t want to post the actual funeral details as this lets potential burglars know when the home may be unattended, while others are attending the funeral. 16. Make arrangements to write and publish the deceased’s obituary, and determine who will write and deliver the eulogy, if any. Note: Publishing an obituary in the newspaper has become quite expenses. You may want to consider opting for digital, online obituary posting service, many of which are free. Or your funeral home may have one of its own or one that it can recommend for you. 18. If the decedent was single and didn’t have joint credit cards accounts with someone else, notify the major credit reporting bureaus of the deceased’s passing, and request that the credit report is flagged with the note: “Deceased. Do not issue credit.” If you can, obtain a copy of the deceased’s credit report, so you will have a list of all the accounts needing to be paid and/or closed. 19. Start and maintain a log, keeping notes of conversations you have with companies, banks, insurance companies, credit card companies, social security, VA, etc., noting the date, with whom you spoke, and their phone number, as well as a summary of your conversation with them. 20. Also, keep accurate records of the time you spend and expenses you incur in administering the estate, as you may be entitled to payment for services rendered, and reimbursement for your expenses from the estate. Within the First Week: During the first week, there are some top-priority matters that need to be handled – Check them off as you complete them: 1. Check with the deceased’s banks to see if they have any safe deposit boxes. 2. Locate the original Last Will and Testament and/or Trust and take the time to read it. Consult with a Florida attorney to determine what actions must be taken. Check for an established Trust document. Locate the deceased’s letter of instruction, if any. 3. File the original will with the Clerk of the Circuit Court in the County of his/her domicile (legal residence). Florida requires this to be done within 10 days of the date of death. 4. Locate important records and documents, such as vehicle titles, deeds, life insurance policies, driver’s license, social security card, passport, birth certificate, divorce decree, legal separation agreements, marriage license, military separation papers, citizenship, and retirement documents. 5. Start a file in which to accumulate statements for any assets, such as bank and investment accounts, annuities, mutual funds, individual stocks and bond reports, employee benefit statements. Also include tax returns for the past three years. 6. Start another file in which to accumulate bills and expenses needing to be paid, and from which you can create a comprehensive list of creditors. 7. Start a notebook, maintaining a detailed list of all expenses relating to the final care and/or death of the deceased. You will probably be able to obtain reimbursement for these expenses from the deceased’s estate or trust, and some of these expenses will be deductible to the deceased’s estate for estate tax or income tax purposes. 9. Contact the deceased’s financial planner, CPA and estate planning attorney. They each need to be informed about the deceased’s passing, and each will have a role in helping you to do everything necessary to wind up the deceased’s final affairs. The attorney will prepare any documents necessary to confirm the authority of the successor Trustee of the Trust, if any. This will give the Trustee access to assets within the trust to cover costs of the funeral and/or other related expenses. 10. If you have access to the deceased’s bank accounts (and the legal authority to do so), stop automatic payments coming out of the deceased’s bank account to pay for non-essentials, if any. Similarly, if you have access to the deceased’s credit cards, stop automatic payments being charged to the credit card, if any. Otherwise, thousands of dollars may be paid-out of the accounts with no way to recover those wasted dollars! 11. Request a minimum of ten (10) death certificates (short-form – without cause of death) from the funeral home. To claim the proceeds of most life insurance policies, investment and bank accounts, and related assets, an original long-form death certificate is usually required to be submitted along with the claim form. You can also visit the U.S. Vital Statistics website, which provides a listing for every state's Department of Vital Statistics from which you can order extra death certificates. It can be accessed online at: http://www.cdc.gov/nchs/howto/w2w/w2welcom.htm 12. Contact all applicable insurance companies (auto, life, health). You will need the following information for each insurance policy: the policy number and/or social security number of the deceased, the full name of the deceased, the date and cause of death, a certified copy of the death certificate. 13. If the decedent is a tenant, track-down and contact the Landlord to discuss what needs to be done to remove everything from the apartment, and when, and discuss payment of rent in the interim. If the decedent owned a business, the same conversation needs to take place with the landlord of the business premises. 14. If the decedent owned his or her home, notify the mortgage company to let them know of the death and make arrangements for payment of the mortgage. If you know the house will probably be sold by the estate or the beneficiaries, and you don’t want the hassle of trying to sell everything in the house, you may want to contact a professional estate sale company, who can help organize, value, and sell the furnishings of the house that the decedent’s beneficiaries don’t want to keep for themselves. Your estate-planning attorney probably has the name of several such companies that can help you with this task. But remember to talk to your attorney first, to verify when you have the legal authority to sell the assets. 15. If the deceased was over 70-1/2 years of age and had an IRA account (this may have changed in 2020 to 72 years of age), and if the death occurred close to the end of the year, quickly verify with his/her financial advisor that he/she has taken the Required Minimum Distribution (RMD) for the year of death. There is a 50% tax penalty for not taking this mandatory distribution prior to the end of each calendar year. 17. Contact the U.S. Post Office to make necessary changes in delivery of mail, if any. 18. Turn off any bills set for “auto-pay” from the deceased’s checking account and turn off any “auto-renew” accounts (usually automatically charged to the decedent’s credit card). 19. Stop home delivery of newspapers, if any. Within the Second Week - The deceased’s financial planner and/or insurance agent, if any, will often help you with some of the following activities: 1. Make an appointment with an attorney to discuss the estate. 2. Contact the insurance agent or agency handling each life insurance policy and request death benefit claim forms. If the deceased had a financial planner they will often do this for you. Note that most insurers will usually cut a check relatively quickly following the death of a loved one. NOTE: Do not feel compelled to invest insurance proceeds immediately. Most insurance companies will let you keep the proceeds from a life insurance policy in an interest-bearing cash account until you have a plan for investing it. If you know the deceased had a life insurance policy but you cannot find it, contact the American Council of Life Insurers (www.acli.com), which offers guidance in tracing missing policies. 3. Notify all other insurance carriers i.e., health, long term care, umbrella, disability, accidental death, travel, vehicle, homeowners or renter’s insurance. 4. Put together a list of all the beneficiaries of the insurance policies with their age, relationship to deceased and their current address and phone number. 5. Contact the deceased’s current and previous employer(s) to find out whether or not there are any retirement plans or group life insurance policies or other survivor benefits available to the survivor(s) and request the necessary claim forms. NOTE: Many companies make every attempt to help the families of their employees after a death. They may cut you a check right away for wages owed, vacation pay, sick pay, and life insurance benefits. If the death was the result of an accident on company time, there may also be accidental death and dismemberment benefits. 6. If the deceased was receiving worker’s compensation, unemployment compensation benefits, public assistance or other benefits, notify the appropriate state agency to stop the benefits. 8. Locate and organize notes regarding assets and liabilities, such as promissory notes, loans, business interests, patents, and royalties. 9. Check with banks and credit card companies to see if there was additional life insurance connected with the deceased’s loans and accounts. (E.g. mortgage insurance on the deceased’s home). 10. Notify all credit card companies of the death of the deceased. 11. Cancel any credit cards on which the deceased was the only signer. 12. Obtain bills for last illness from hospital, hospice, and other medical providers. 13. Contact all of the financial institutions that hold any assets of the deceased. Tell them you need the date of death values on each asset in each account. Ask them to send you a copy of this information. Note the name, phone number, and address of the individual assisting you. 14. Locate and secure any items mentioned in a governing document, Will or Trust or documents of title. 15. Do a careful search of the deceased’s home for other important documents and potential hiding places. Literally, look behind every picture, under and behind drawers and dressers, fan through the pages of books on shelves (a popular place to hide currency), inside toilet tanks, under carpets, and don’t forget behind air vents, up in the attic, in the garage, basement, and storage lockers. Do a similar search of the deceased’s vehicle(s). Other potential hiding places include: • Inside or under refrigerators, freezers, and washing machines; 16. Contact the Veterans Administration for applicable benefits for the deceased and/or surviving spouse and dependent children. You will need the following information: certified copy of the death certificate, copy of your marriage certificate (spouses only), copies of the birth certificate for dependent children. 18. Contact Social Security to check on survivor benefits. You will need the following information: A certified copy of the death certificate, Social Security Number of the deceased, Social Security Number of spouse/dependents, birth certificates for spouse and dependent children, approximate earnings of the deceased in past year/last employer. 19. If monthly benefits were being paid from Social Security via direct deposit, notify the bank or other financial institution of the beneficiary's death. Request that any funds received for the month of death and later be returned to Social Security as soon as possible. 20. If the deceased had a Medicare supplemental plan and or supplemental drug plan, notify the insurance company of the death to stop payments being made to them. If the deceased was married and both were on the same supplemental plan(s), this should reduce the payments by half. 21. If benefits were being paid by check, DO NOT cash or deposit any checks received for the month in which the beneficiary died or thereafter. Return any such checks to Social Security as soon as possible. 22. A one-time payment of $255 is payable to the surviving spouse if he or she was living with the beneficiary at the time of death, OR if living apart, was eligible for Social Security benefits on the beneficiary's earnings record for the month of death. If there is no surviving spouse, the payment is made to a child who was eligible for benefits on the beneficiary's earnings record in the month of death. 23. Notify any other organization paying retirement, pension, or paying a monthly annuity of the death. Verify whether the survivor is entitled to continue receiving the payments subsequent to the decedent’s death, and whether they are full or partial payments. 24. Contact Civil Service Office of Personnel Management if the deceased was an active or retired employee of the Civil Service. 25. Contact the holder of home/real estate loans for possible mortgage insurance coverage. Notify all creditors of the deceased's estate of the death. Check on credit life insurance. 26. Contact any fraternal organizations, unions, or associations the deceased may have been a member of for assistance and to determine benefits. 27. Review financial paperwork for other details (check stubs, canceled checks, stocks and bonds, real estate, safe deposit boxes, etc.) Caution: Do not open any safe deposit boxes without first consulting with an attorney. 29. If you are a spouse of the deceased, you should review your own life insurance policies to ensure that ownership and beneficiary designations are still current. If your spouse was the named beneficiary of your policy, you may want to name new beneficiaries to avoid the assets from possibly going through probate upon your death. Also be sure to review your own present type of insurance and amount of coverage with a financial professional. 30. Similarly, if you were the joint tenant or beneficiary of any other accounts or assets in which the deceased had an interest, action should be taken to re-title the asset in your name alone, in your Trust, if any, or to name new beneficiaries. 31. Cancel voter’s registration for the decedent. 32. Obtain booklet from Internal Revenue Service website (www.IRS.gov): Publication 559, “Information for Survivors.” 33. The deceased’s driver’s license should be returned to the state that issued it. Contact local department of motor vehicles (DMV) for details regarding where to send it. When You Have Received the Death Certificates: 1. Process Life Insurance Claims 2. Notify Social Security of the death, and if appropriate, apply for survivor Social Security Benefits at 800.772.1213 (and/or the Veteran’s office at 916.731.7300 if applicable) and inform them of the death of the individual. Otherwise you will be required to pay back any monies that are overpaid to the deceased. Often, the funeral home will have already notified Social Security. Confirm with them whether they have done this for you. 3. Close credit card accounts and destroy credit cards. 4. Notify banks and brokerage firms and remove the deceased’s name from any joint accounts. 5. Meet with the deceased’s financial planner or yours, as appropriate, to develop a long-term investment plan for the estate assets, including any life insurance benefits to be received. 6. Remember to file the Last Will & Testament along with a certified copy of the death certificate ($1.00 filing fee) in Florida. 7. If there was a Trust, it will be necessary to prepare and file a Notice of Trust form along with a certified copy of the death certificate with the Clerk of the Probate Court ($41.00 filing fee) in Florida. 1. Gather and organize all legal and financial documents: 2. Gather all current and/or past due bills, statements, claim forms, etc. Obtain the account balance on mortgages, loans, checking and savings accounts and investment accounts as of the date of death. 3. Set up an initial meeting with the attorney, CPA, and financial planner to identify what needs to be done and coordinate who will do it. 4. If the decedent was over 70-1/2 years of age at death and had an IRA or other retirement account, verify that the annual Required Minimum Distribution to the decedent has been made (There is a 50% IRS penalty if the RMD is not taken each year). 5. Gain access to and inventory any safe deposit box. 6. Bring original Will, financial documents balances, death certificates, and inventory of safe deposit box to meeting with attorney. 7. If there is a provision in the Will or a separate writing leaving the decedent’s motor vehicle to a named individual, locate the registration (i.e. Certificate of Title) to the vehicle and have the title changed to the person named to receive it. Remember, it may be an electronic (“paperless”) certificate of title as opposed to a paper Certificate of Title. 8. A final income tax return will need to be filed for the decedent (there is a place on the form to mark “Final Return.” 9. If there is a revocable living trust in the decedent’s name alone, locate the successor Trustee and arrange for a new tax ID number to be issued, as the trust is now, most likely, irrevocable. The new trustee will need to arrange for the filing of annual fiduciary income tax returns for the trust (IRS Form 1041). 10. If there is a joint revocable living trust in the decedent’s name along with the decedent’s surviving spouse, review with your estate planning attorney and/or financial advisor whether or not the tax identification number of the trust needs to be changed into the social security number of the surviving spouse. 11. Some of the tasks that will need to be addressed include the following: a. File the original will with the Clerk of the Circuit Court in the County of his/her domicile (legal residence). Florida requires this to be done within 10 days. b. File a Notice of Trust form with the Clerk of Court if thee was a revocable living trust. There is a $41.00 filing fee (in Florida); you may need at attorney to prepare the Notice of Trust form. c. See an attorney to determine whether a petition for probate of the will must be filed. d. Begin to prepare for filing the estate tax return (Form 706). Some of the forms and documents you have been collecting will be needed by your CPA or attorney to document date of death calculations for that return. e. Your attorney or CPA can assist you with finalizing and understanding any legal documents and/or forms that you have received. g. The financial planner and CPA can help you make IRA and pension plan election decisions. Within Two to Six Months after Death:: 1. If automobiles are held in joint tenancy, change motor vehicle titles to reflect ownership only by the surviving joint tenant. Notify insurance company and lender of the change. 2. If individual stocks or bonds, brokerage accounts, bank accounts, etc. are held in joint tenancy, or have a named beneficiary, contact stockbroker and/or bank to change their records to reflect ownership only by the surviving joint tenant or beneficiary. 3. If you are a surviving spouse and owned your home jointly with the decedent, contact your local property appraiser’s office to see if they offer an additional real estate tax exemption for surviving widows/widowers. Some Final Things to Consider: 1. When you are ready, taking charge of the financial affairs can be a very healing process. It gives us focus and empowerment when we may need it the most. 2. If applicable, contact a human resources (HR) representative of the deceased’s employer for help with retirement plans. A surviving spouse will usually be able to roll over money from the deceased spouse’s retirement plan into his or her own IRA. In most cases, doing so will make sense, but if you are considerably younger than your spouse you may want to keep the assets in your spouse’s retirement plan. That may allow you to tap into those assets at a younger age without penalty. Discuss this with your financial advisor before making any irrevocable decisions as the tax consequences can be substantial. 4. Consider creating a lasting memorial. One of the most healing experiences for survivors is to find a way to honor the people they have lost. Whether it’s through a brick paver in a memorial walkway, a scholarship in the name of your loved one at his or her alma mater, or a donation to a favorite charity, creating a tangible remembrance is an important part of paying tribute to those who have blessed our lives. 5. If you wonder if you could benefit from any type of bereavement counseling or other support, you probably could. Please feel free to ask your financial professional for a list of community resources. Don’t overlook the vital role your church, synagogue or mosque may play in providing spiritual and social support for you and the family involved. 6. For many, particularly those who are not the chief financial decision maker in the 7. After having gone through all of this, if you have not already done so, you may want to treat this as your wake-up call to create your own estate plan, and take whatever action may be needed to make your own passing easier on your heirs and loved ones. Be sure to encourage your friends and family members to do the same. We hope this checklist has been helpful to you. Please let us know if we can be of further Sincerely, Pinellas County Office: Pasco County Office: The following is a list of phone numbers and web sites that you may find useful: 1. Social Security: 1-800-772-1213 www.ssa.gov 2. Internal Revenue Service: 1-800-829-1040 www.irs.gov 3. Veterans Administration 1-800-827-1000 http://www.va.gov/ 3. Civil Service Personnel Management Office 1-888-767-6738 4. DFAS Casualty Assistance Office (Cleveland) 1-800-269-5170 5. Office of Service Members Life Insurance 1-800-419-14736. http://www.insurance.va.gov/sglisite/miscellaneous/contact.htm 1. U.S. Vital Statistics - a site that provides a listing of every State's Department of Vital Statistics (a good resource for information on ordering certified copies of death certificates). http://www.cdc.gov/nchs/w2w.htm 2. Dept. of Public Debt, U.S. Treasury, for information on the transfer of ownership of U.S. Treasury bills, notes and bonds. http://www.treasurydirect.gov/ 3. Florida Clerks of Court: A site that lists all of Florida's 67 County’s Clerks of Court websites http://dlis.dos.state.fl.us/fgils/coclerks.html 4. Florida Tax Collectors. A site that lists all of Florida's County Tax Collectors websites. A good resource for obtaining the status of county taxes on a Florida property. 5. Florida Property Appraisers. A site that lists all of Florida's County Property Appraiser's websites. http://www.myflorida.com/dor/property/appraisers.html Additional Checklist Specifically for Surviving Spouses As a surviving spouse, it is important for you to take action to protect yourself and your loved ones. For example, if you and your spouse were joint owners of bank accounts, your house, or other assets, you should consider speaking to your attorney about retitling the assets, putting them into a trust, or naming new beneficiaries to avoid the assets from going through probate or being inherited by someone whom you didn’t want upon your death. Or, if you have minor children, your legal documents may need to be updated to name new guardians to take care of them in case something happens to you. Many of the items in this checklist are included in the preceding Survivor’s Checklist, but this checklist contains additional matters of importance to be considered by a surviving spouse. IMMEDIATE CONCERNS: DOCUMENTS THAT WILL BE NEEDED: INSURANCE AND BENEFICIARY CONSIDERATIONS: SETTLING THE ESTATE RETIREMENT PLAN AND RETIREMENT PLANNING CONCERNS: IMPORTANT THINGS YOU SHOULD BE CERTAIN TO REMEMBER TO DO:
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