Florida Probate: What to Do When a Loved One Dies

Florida Probate: What to Do When a Loved One Dies

When a loved one dies, there are many details that need to be handled, including navigating the Florida probate process. Unfortunately, these tasks require time and attention despite the fact that this is an emotional time for everyone involved. Here is a quick guide for how to deal with some of the tasks that must be completed when a loved one dies in Florida.

In most cases, there is no need to rush, though some tasks are time sensitive. While you are planning your final farewell and informing others of the death, there are some practical matters that can be understandably overlooked.

Remember that you will need copies of the death certificate to get life insurance benefits and prove to various institutions that your loved one has passed on. It is a good idea to order five or six copies so you have enough on hand.

If your loved one is collecting Social Security benefits, you need to inform the Social Security Administration within a month of the death to avoid problems with checks issued after the person has died. The same holds true for pension funds and any other sources of monthly income.

Locate important papers; if you are fortunate, they are organized and in one place. These include bank accounts, mortgage papers, loans, insurance, credit card accounts, and other financial documents.

If there is a Last Will and Testament or Living Trust, it should state who is in charge of handling all the paperwork and legal matters often times called an executor or personal representative. The Last Will and Testament must be filed with the probate court within 10 days of the notice of death. If there is no will, the court will appoint someone – usually the surviving spouse or an adult child – to be in charge.

Prevent ID theft. Unfortunately, some families discover too late that their loved one’s identity has been stolen and used to apply for credit cards, loans and other unauthorized activity. Here are some ID theft prevention recommendations to preclude this from happening to you or your family:

• Keep tabs on access to financial information – if you have an elderly relative who has in-home care or has entered a senior care facility, be sure their financial information is kept in a safe (preferably locked) location. Always know exactly who has access to this information.
• Make timely death notifications – to help protect against improper use of a deceased relative’s Social Security number, it is important to be sure the death of a family member is on record. Ask the estate executor to notify the proper state and federal agencies as soon as possible.
• Look for fraud – since identity thieves can quickly run up debts in the deceased’s name, it is important to keep in touch with the estate’s executor or administrator, who will be the first to know if a creditor files a claim against the estate.
• Document online assets – keep a list of email and social media accounts and log-in information up to date so that when someone dies, a designated heir can close those accounts.

If someone is not already specified as an executer in the Last Will and Testament and there are doubts as to who has the ability to prudently handle the probate process, then it may be imperative for the heirs or beneficiaries to seek help from a probate professional. This is an overwhelming time, and a person who has the daily experience handling these matters can be invaluable.

To learn more about protecting your assets and the most effective strategies for passing them on to heirs, contact one of the experienced Florida estate planning attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 

 Share

The post Florida Probate: What to Do When a Loved One Dies appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.