What steps should we take after a parent’s death regarding their will, trust, and legal matters?

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  • #105399 Reply
    USER

      We’ve recently had a death of the only remaining parent. His lawyer has been the worst and would never answer his questions before his death and refused to talk to us or other caretakers. It makes no sense.

      We’re so lost and the lawyer is no help. Deceased father and possessions were in NY state.

      There is a handwritten and witnessed will in our possession that the lawyer never bothered looking at before death.

      There is a trust that lawyer finally finalized after a couple months of dragging his feet.

      Is there a list of things one should take care of when someone dies?

      (The funeral home is helping us follow through with his wishes for his remains.) Do we need to ask the lawyer to do something to update trust paperwork?

      Do we file the will somewhere? Do we notify social security or his pension company somehow?

      He did have a couple old pistols on a permit and someone told us what has to happen with those. I’m sure there’s so many other things we are not considering.

      I’m just hoping there’s a resource of some type or a list of things to consider when someone dies.

      Any help would be appreciated! Just point me in a direction!

      #105400 Reply
      Stacy

        Sorry for your loss. I dealt with this recently. The funeral home will notify social security.

        The funeral home will provide copies of the death certificates which you will need to close accounts and distribute assets to beneficiaries.

        Find an attorney in NY to walk you thru the process. The complexity depends on what’s in the trust vs not a part of the trust.

        Please know that accounts with a sole owner are frozen once the institution learns the account holder is deceased.

        #105401 Reply
        Lynne

          You can call social security and report a death. The funeral homes will do it. But sometimes don’t. Order multiple copies of death certificates.

          Some places want originals and don’t give them back.

          You call the where ever the pension comes from. And report the death. Bills, mortgage, banks who ever.

          You do not need the lawyer for this.

          Now somethings only the lawyer can help the trust. Will, probate .
          Sorry for your family’s loss

          #105402 Reply
          Tony

            Sorry for your loss. Speak directly to an estate lawyer separate from your dad’s lawyer, and bring your list of questions.

            As the PR of my dad’s estate I did this to make sure I was on the right track with representing his estate correctly.

            #105403 Reply
            Lacey

              I’m sorry for your loss.
              I do estate planning and administration for a living. “What to do” is very specific to what assets there are AND how they are held.

              I don’t recommend following generalized advice that you’ll surely get in this comment section.

              This is not a one-size-fits-all shoe, and absolutely NO ONE can give you actionable, technical advice on what to proceed based solely on what you’re describing.

              you should know that you are not “stuck” with your dad’s old lawyer to navigate this.

              Pick up the documents you have (the trust, the holographic will, all the info you have about his assets, pension, etc.) and find a different lawyer specializing in estate admin that can help you.

              I would start there — find a NY attorney that you like.

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