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Law | What To Do When Someone Dies

what to do when someone dies

It is unfortunate, but during our lifetime we will experience a loss of a loved one. Many of us do not know what to do in these situations, so we have written this article with law tips of what to do when someone dies. When a loved one dies,  you need to immediately get the letters of administration. If you have questions or concerns that are not answered in this article, we recommend that you contact a trust and estate attorney immediately.  You should go to an office of probate with the death certificate, their form of identification, and request the letters of administration. If you live in Philadelphia, Montgomery, Delaware, Chester or Bucks county, our trust and estate attorneys can help you with this process. Kats, Jamison & Associates (Philly Lawyers) has experienced attorneys throughout the greater Philadelphia area that would help you every step of the way.

Getting the letters of administration is the first step. Once the letters of administration are received the executor/executrices of the will must follow it precisely.  Before the executor distributes any proceeds to the beneficiaries of the estate he or she must inform everyone of their intent and receive the releases from all beneficiaries. Just remember that no good deed goes unpunished, even if the executor did not benefit from the distribution of the estate, but did not follow the will precisely, they might be responsible for the consequences. Once all of the assets are distributed the inventory must be filed together with the tax return within nine months of the death.

In a recent case that our firm handled, there were a number of siblings and when the parents passed away, there was a specific intent expressed that the house would go to one of the siblings, except it was not clearly written in the will. Most of the siblings agreed, except for one of the individuals, and the executor had to use estate money in order to defend his action. Eventually the executor was successful, but he could have made his job a lot easier, had he explained the actions to all of the beneficiaries before the distribution of the assets was finalized.

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The executor should contact a trust and estate attorney to be their guide in what to do when someone dies. This will ensure that no mistakes are made, as litigation is usually costly and unnecessary. Our firm provides legal advice and guidance with the administration of the estate.  We could also recommend a competent accountant who could assist you with tax advice.

Please contact us for any questions that you may have. We will provide you with the expert advice and knowledge that you need on such matters.

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