Tag: funeral

What Are the First Steps to Take After a Loved One Dies?

Posted May 21, 2022 by Law Office of Andrew Szocka

After a loved one dies, your first thoughts are probably not about his or her estate plan. But it is important to take certain steps soon after the death in order to protect the estate. These steps include making funeral and burial arrangements, locating the will, and maintaining the estate’s value.

What Should You Do First?

When someone passes away, you should not immediately start taking items from their home or distributing their estate. There is a legal process to follow for estate distribution, and violating it can get you in trouble. Instead, first focus on funeral and burial arrangements.

The deceased person may have had specific wishes surrounding organ donation, anatomical gifts, funeral arrangements, and burial or cremation. You and other people close to the loved one should look for a document that lists these wishes. It may be a will or a separate piece of paper, and it may be with other important documents, with the person’s lawyer, or in another safe place. Sometimes, people include wishes about organ donation and anatomical gifts in their health care directives too. If you find a document listing these wishes, then notify family members and do your best to carry out the wishes.

Looking for the Will

In addition, you and others close to the deceased person should look for his or her will. Again, it might be in a safe place like a safe deposit box or with a lawyer. You may not be able to gain access to the safe deposit box right away without help from the probate court.

If you can’t find a will, don’t stress out. Sometimes wills are difficult to locate, and sometimes people do not make wills. Again, you should not start distributing the deceased person’s property. Talk to an estate planning and probate lawyer instead for help beginning the estate administration process.

Maintaining the Estate’s Value

Finally, you can take important steps towards maintaining the estate’s value. This may involve tasks like keeping an eye on the loved one’s house or caring for a child or pet. You may receive reimbursement from the estate later, and you will help out enormously until the executor or personal representative of the estate can step in. Once the executor is located and takes charge, he or she will handle finances, maintaining property, and other needed tasks.

Not sure what to do after a loved one’s death? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

Conveying Funeral and Burial Arrangements in Your Estate Plan

Posted May 21, 2022 by Law Office of Andrew Szocka

Conveying funeral and burial arrangements in an estate plan is an extremely important goal for many people. Unfortunately, having a conversation with family members may not be enough to ensure that your wishes are carried out. By writing your wishes into your estate plan, you gain greater peace of mind.

Where Should You Include Funeral and Burial Wishes?

Many people want to include their funeral and burial wishes in their wills. But often family members do not find or read the will until weeks after the death of a loved one. This happens because they do not know where the will is located, because they are dealing with grief, or because they do not know that it includes funeral and burial instructions. As a result, the funeral may happen before anyone realizes that you left instructions.

In addition to or instead of listing funeral and burial wishes in your will, you should create a separate document detailing the wishes. You can leave this document with your lawyer, store it with other important papers, or give it to a trusted relative. Tell your family that this document exists and where it is located so that they know to read it later.

Further, you can include some wishes in your health care power of attorney. For example, the document can direct your agent to arrange for anatomical gifts and disposal of remains.

Which Kinds of Wishes Can You Include?

The types of funeral and burial arrangements that people typically include in their estate plan include:

  • Whether you want a funeral or memorial service and where
  • Whether you want to be cremated or buried
  • Where you would like to be buried
  • Where you would like your ashes to be stored or dispersed
  • How much the estate should spend on the funeral, memorial service, burial, or cremation

How to Learn More

Your estate plan may include your will and several other important documents such as a health care power of attorney. If you would like to learn more about including funeral and burial arrangements in your estate plan, contact a local estate planning attorney for help making your plan.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.