|
| 1. Take
turns answering the door or telephone and keep careful records
of all calls.
2. Provide meals for the
first several days.
3. Arrange for child
care if necessary.
4. Make a list of
immediate family, close friends, and employer or business
colleagues and notify each by telephone.
5. Arrange for
accommodations for visiting relatives and friends.
6. Take care of special
household needs such as cleaning, lawn care, and maintenance.
7. Prepare a list of
persons to receive acknowledgments of flowers, calls, etc., and
send acknowledgments.
8. Prepare a list of
distant persons to be notified by letter and prepare printed
notices to be sent to each. |
|
1.
AUTOPSY.
An autopsy may be performed if, in the opinion of the coroner,
the physician, the prosecuting attorney or the chief of police, it
would be in the best interests of the public's safety or welfare where
death occurred under any of the following circumstances:
result of violence, result of any accident, by suicide,
suddenly when in apparent good health, when unattended by a physician, in
prison, in a suspicious or unusual manner, or within 24 hours after
admission to a hospital or institution.
A family may
wish to
have an autopsy performed under other circumstances for the following
reasons: |
| a. To satisfy
family members as to the cause of death;
b. To provide insight as to
whether the decedent died from a hereditary disease or condition that
may affect other family members.
c. To furnish evidence of
possible medical malpractice by the attending physician's failure to
either property diagnose or properly treat the decedent.
If this is the reason, the autopsy should be performed at an
independent institution. If
the attending physician opposes the autopsy, we would probably
recommend that it be performed. |
Reasons why the family may wish that an autopsy not
be performed might include:
| 1. It may be
offensive to the religious or cultural beliefs of the client or his
family;
2. The autopsy may yield
information that would be harmful to the decedent's memory such as a
disease which carries a social stigma;
3. The autopsy may disclose a
condition that the client did not disclose on an insurance policy
application and the incontestability period has not yet expired.
|
| 2.
DEATH CERTIFICATE.
When providing information to the physician to complete the
death certificate or reviewing the death certificate before it is
filed, it is important to make sure that the information included on
the death certificate is accurate.
The domicile of the decedent for example, is important for
inheritance tax purposes,
to determine who the heirs are, to determine the surviving spouse's
and children's elective share rights and allowances to determine
rights of creditors, and to determine the place of probate. The cause of death and age are important because they may
affect insurance coverage. |
| 3.
DETERMINING DECEDENT'S DOMICILE.
The terms "domicile" and "residence" though
similar in meaning, are not the same. A person may have more than one
residence, but only one domicile.
A person may physically reside (be a resident) in more than one
place. A person's
domicile is that person's principal place of residence and legal
residence. Domicile is a
residence at a particular place accompanied by an intent to remain
there permanently or for an indefinite length of time.
To determine a decedent's domicile, consider both his
subjective intention and the following objective factors: |
| - Voter Registration;
- Auto, boat and aircraft registrations;
- Driver's license, pilot's license, professional licenses,
professional registrations, and other licenses;
- Gun permits and registrations;
- Ownership of residential real estate within the state;
- Residential leases;
- Location of financial accounts such as checking, savings,
certificates of deposit, money market funds, mutual funds,
securities accounts custody management accounts and investment
management accounts;
- Location of safe deposit box;
- Location of Will and Living Will;
- Passport;
- Business interests and activities such as business cards
employment contracts, office leases,
- Certificates of doing business, corporate records, and
partnership records;
- Utility records;
- Insurance records;
- Membership records such as church, professional clubs, alumni
organizations, health spas, political parties, and private clubs;
- Tax records such as place of filing federal income tax returns,
state income tax returns, and payment of real estate taxes;
- Children's school attendance and other activities;
- Notices to officials of other states of termination of residence
in that state.
|
| 4.
OBITUARY.
By law, the Hawaii State Department of Health reports the name
and date of death to the newspaper to be published under "Vital
Statistics". You
have a choice as to whether or not to provide information to the
newspaper for an obituary (which the newspaper will publish without
charge) or for a funeral notice (which the newspaper charges for),
You should consider whether or not to publish an obituary.
An obituary does serve the purpose of advising friends and
acquaintances of the death, the names of survivors, and the time and
place of the funeral. The problem is that the obituary also advises burglars of the
same information. It is not unusual for the decedent's home, as well
as those of his relatives, to be burglarized during the time of the
funeral.
If you decide to publish an obituary, you may consider including some
or all of the following: |
| - the names of
relatives and their relationship to the decedent;
- organizations to which the
decedent belonged;
- where contributions might be
made in the decedent's memory;
- the date and place of the
funeral services;
- the decedent's home address
(may be included or omitted);
- the decedent's age, place of
birth, cause of death;
- the decedent's occupation,
college degrees, memberships held, military service, and outstanding
work. |
| 5.
SAVE ALL PAPERS.
The survivors often start going through papers and throwing out
those things that do not seem important.
They should be advised not to throw anything out until after
all papers have been reviewed by the attorney. |
| 6.
LIFE CHANGING DECISIONS.
A death in the family often results in the surviving spouse
reassessing choices he or she has made and making new decisions.
Life changing decisions such as moving, selling the house,
going back to or quitting work, remarrying, and making changes in a
Will (though the estate plan should be reviewed and changed where
appropriate) should be delayed, or in any event, approached very
cautiously. As a general
rule of thumb, such changes should not be considered for at least the
first six months to a year after the death. |
| 7.
PLANNING FOR FUTURE. |
| (a) Review the
surviving spouse's existing Will to determine if it continues to
represent his or her wishes for the distribution of property and the
guardianship of children.
(b) Evaluate the surviving
spouse's life insurance needs.
(c) Evaluate the surviving
spouse's health insurance needs.
The surviving spouse should obtain health insurance to protect
him or her and his or her family in the event of substantial medical
expenses.
(d) Arrange for the proper
management of current funds. The
surviving spouse may wish to employ a certified financial planner to
assist and advise. |
| 1.
INITIAL DECISIONS.
There are basically three initial decisions to be made: |
| (a) what to do
with the body: cremation,
burial, or donation to medical
school;
(b) whether there should be a
viewing of the body;
(c) whether there should be a
death ceremony, and if so, what type. |
| When considering these initial decisions, it would be
helpful to first ascertain whether the decedent left any written
instructions. If the
decedent did leave instructions, these may be found: |
| (a) in his Will;
(b) in a separate letter in a
safety deposit box or personal papers;
(c) with his clergy; or,
(d) with a pre-arranged
funeral plan which may be on file with a mortuary or the Memorial
Society of Hawaii. |
| Hawaii law (H.R.S.§ 560:3-701) provides that the
person named as Personal Representative in a Will may carry out the
written instructions of the decedent relating to the disposition of
his body, funeral, and burial arrangements.
Absent a Will (and even in spite of a Will, though Hawaii law
is unclear on this point) the surviving spouse has the decision-making
authority. If there is no surviving spouse, then the decision falls
upon the next of kin which include adult children, or if there are
none, either parent. Absent
children or parents, the decision rests with adult siblings.
(H.R.S. § 327-2). |
| 2.
DEATH CEREMONIES.
Death ceremonies are important in the healing process of the
survivors. If planned carefully, the death ceremony can meet important
social and emotional needs of the survivors, reestablish
relationships, affirm values, provide emotional support for the
family, and help significantly in the healing process.
There are basically three types of death ceremonies: |
| (a) Funeral
Service. This is a
service with the body present (either in an open or closed casket).
(b) Memorial Service.
This is a service with the body not present.
(c) Commitment Service.
His is a brief optional service held at the graveside or in a
chapel of a crematory. It
may be in addition to the funeral or memorial service. |
| 3.
ARRANGING FOR THE CEREMONY.
Funeral and memorial services are generally planned by the
family sitting with their clergyman, if they have one, or funeral
director and reminiscing about the decedent's life, ideals, goals,
plans, and affections. The
actual ceremony may take many different forms since people experience
grief in different ways and are comfortable with different customs.
The service is usually held two or three days after the death
and if possible on a weekend or evening so that more people can
attend. It may include:
music, singing, prayers, biographical remarks, reminiscences,
pictures, silence, readings of poetry, scripture and un-programmed
contributions. Often the service will be followed by a time of fellowship
and refreshments. It is
traditional in Hawaii for those attending the service to bring a card
and a monetary contribution. |
| 4.
COST OF A FUNERAL.
The average cost of a funeral and burial in Hawaii is
approximately $6,000.00. If
the decedent was a veteran, the cost would be about $3,000.00.
Funeral directors are required by law to provide price
information upon request (either in person or over the telephone).
The funeral director will give you an itemized list of services
and merchandise. |
| 5.
OPTIONS AVAILABLE.
The various options available to you in the order of cost are: |
| (a) Immediate
Gift to the Medical School Followed by Memorial Service.
This avoids virtually all costs.
If the University of Hawaii School of Medicine accepts the
body, it will pay for the pickup service on Oahu.
Advance arrangements for body donation must be made with the
medical school. They will
send you a form to complete and provide the donor with a donor card to
carry in his or her wallet. Of
course, the donor's physician and family should be told in advance. Upon death, the University of Hawaii School of Medicine
should be called to determine if they will accept the body. Arrangements can be made with the medical school to return
the ashes to the family within two years or earlier. |
| (b) Immediate
Cremation, Followed by a Memorial Service.
If cremation is done within 30 hours of death, there is no need
for the body to be embalmed. The
average cost of a basic cremation service in Hawaii which includes
picking up the body securing the necessary permits, providing a
suitable container for the body delivery to the crematory, and
providing a standard container for the cremains, is approximately
$1,000.00. there are
additional charges if the mortuary is to dispose of the cremains, if
embalming is requested, or if chapel services are provided. |
| (c) Immediate
Burial, followed by Memorial Service. |
| (d) Funeral
Service with Body Present, Followed by Removal to Medical School. |
| (e) Funeral
Service with Body Present, Followed by Cremation. |
| (f) Funeral
Service with Body Present, Followed by Burial. |
| All but (a) and (b) above generally include the
services of a funeral director. |
| 6.
CREMATION. Approximately
twelve percent (12%) of the bodies in the United States are cremated.
The ashes are usually returned to the family or disposed of by
the crematory as desired. The
ashes may be stored indefinitely.
They are clean, white and sanitary.
Some families prefer to scatter the ashes in a meaningful place
such as a favorite garden or at sea.
First make sure that the ashes are pulverized to avoid visible
bone fragments. This can be done by request at the crematory.
Some families have the ashes placed in a container, the ashes
take up about six inches square. They can be shipped by mail anywhere in the world.
Hawaii does not have any law prohibiting the scattering of the
ashes. Some states
do have laws prohibiting this and other states require a permit. |
| 7.
MEMORIAL SOCIETIES.
The Memorial Society of Hawaii is a non-profit organization.
The cost to join is nominal and it helps its members obtain
dignified and appropriate funeral arrangements at a reasonable cost
through advanced planning.
They act in an advisory capacity and have contracts with
various funeral directors for discounted services for their members.
Most of the work is done by unpaid volunteers.
They inquire around, compare services and prices, and provide
this information to their members.
They do not provide funeral services , cremation services, or
offer prepayment plans. |
| 8.
PAYMENT TO FUNERAL DIRECTOR.
Often funeral directors want to get paid one-half or more for
their services in advance. You cannot use the decedent's cash to do
this and often a family member must come forward to provide these
funds. Hawaii law (H.R.S. § 560:3-805) provides that reasonable
funeral expenses will be paid prior to unsecured debts and claims but
after the cost and expense of administration. Therefore, if a person
obligates himself to pay for funeral expenses, and the estate is not
sufficient to first pay the cost and expenses of administration
(filing fees, publication costs, appraisals, personal representative's
and attorney's fees) then he may not get reimbursed for the funeral
expenses. In any event, a person assisting with the funeral expenses
should not do so as a volunteer. This may affect his ability to get
reimbursement. If assisting with the payment of funeral expenses, the
person should get the nominated personal representative's written
authority. Hawaii law (H.R.S. § 560:3-701) provides that acts done by
the personal representative relate back to the date of death. |
| I. HAWAII LAW.
The
Hawaii law on anatomical gifts is set out at H.R.S. § 327. In
summary, any competent person 18 years of age or older may give all or
any part of his body, upon death, to any hospital, physician or
medical school for medical or dental education, research, or
transplantation. The gift may also be given to any specified
individual for transplantation. The gift may be specified either in a
Will or separate document (including a card to be carried on the
person) signed by the donor in the presence of two witnesses or notarized. A
uniform donor card may be obtained from the Hawaii Lions Eye Bank and
Makana Foundation, P.O. box 2783, Honolulu, Hawaii 96803 (536-7416).
Absent contrary indications by the decedent, the following named
persons, in the following order of priority, may give all or any part
of the decedent's body for the purposes above stated: |
| 1. the spouse;
2. an adult son or daughter;
3. either parent;
4. an adult brother or sister; and,
5. a guardian of the person of the
decedent. |
| If the donee (hospital,
physician, or medical school) has actual notice of contrary
indications by the decedent or that a gift by a member of one of the
above listed classes is opposed by a member of the same or prior
class, the donee is prohibited by law from accepting the gift. |
| 2.
WHAT MAY BE GIVEN.
The entire body or any part of the body may be given to the
medical school for training future doctors and dentists. It may be
given at death or after the funeral provided that the body has been
embalmed according to specific instructions from the medical school.
The medical school will, if requested, return the ashes to the family
after they have completed their use of the body. Corneas from eyes are
acceptable for transplantation regardless of the age of the donor at
time of death. Other organs which are useful include: eardrums and ear
bones, kidneys, liver, heart, pancreas, lungs, pituitary glands, skin,
blood, and brain tissue. Aside from organs, the decedent's glasses can
be left to New Eyes for the Needy. |
| 3. COSTS.
There
is no cost for organ donation. The hospital assumes the cost from the
time of death until removal of the organ. Unless the entire body is
given, the family is then responsible for the disposition of the
balance of the body. |
| 1.
JOINT BANK ACCOUNT. The
surviving joint tenant of a joint bank account has immediate access to the
entire mount in that account. Prior to the repeal of the Hawaii Inheritance
Tax law in June 1984, one-half of the joint bank account was frozen until an
inheritance tax waiver was presented to the bank. That is no longer the case.
|
| 2.
DECEDENTS EMPLOYER.
You
should check with the decedent's employer to determine if there is any money
available for unpaid wages, accumulated vacation pay, or sick time. There may
also be group insurance benefits and pension benefits available. The employer
may also have survivor's benefits, and sometimes funeral expenses are covered
by insurance with the employer. If occupational factors were involved in the
death, possibly worker's compensation will be payable.
|
| 3.
LIFE INSURANCE. Lump
sum death benefits may be obtained rather quickly from the life insurance
company. You should check other sources of life insurance also, such as the
automobile club, credit card insurance or insurance held with credit unions,
banks, unions, fraternal orders or other associations to which the deceased
may have belonged.
|
| 4.
CREDIT INSURANCE.
You
should check to see whether installment purchases or other credit purchases,
such as for appliances, automobile, or furniture are covered by credit
insurance. Loans from the credit union are often covered by insurance. Such
insurance would pay off the debt and thereby eliminate the need for future
monthly payments.
|
| 5.
SOCIAL SECURITY BENEFITS.
The
surviving spouse, if living with a decedent who is covered by social security
at the time of death, is entitled to a $255 lump sum death benefit. If the
surviving spouse was not living with the decedent at the time of death, he or
she is entitled to the lump sum death benefit only if he or she was receiving
a monthly benefit or was eligible to receive a monthly benefit on the
deceased's record during the month of death. If there is no surviving spouse,
then a child who is eligible for social security monthly benefits on the
deceased's record during the month of death is entitled to the lump sum death
benefit.
Monthly
income benefits are available to: (a) spouse caring for a child who is under
age 16 or who is disabled before age 22; (b) disabled widow, widower or
divorced spouse at age 50; (c) widow, widower or divorced spouse at age 65;
(d) dependent parents; and (e) unmarried children under age 18 who are
disabled before age 22.
The Social
Security Office is located on the first floor of the Federal Building, 300 Ala
Moana Boulevard, Honolulu, Hawaii (Phone: 541-1010). Application for benefits
can be made over the telephone. It is, therefore, not necessary to personally
go to the social security office. Benefits are not paid retroactively. You
should, therefore, apply as soon as you become eligible. It would be helpful
to obtain and review the most recent publication of the "Social Security
Handbook' published by the United States Department of Health and Human
Services, Social Security Administration.
|
| 6.
VETERANS BENEFITS. Where
the death is due to a service connected disability, the VA will provide a
$1,100 burial allowance. There may also be a monthly income benefit. If the
death is in a VA facility, the Veterans Administration provides $300 plus
transportation costs. If the veteran is receiving or eligible for VA
compensation or pension benefits, the Veterans Administration will provide a
$300 burial and funeral expense benefit. A veteran can be buried in a national
cemetery and receive a government headstone or marker for a grave in a
government or other cemetery. In lieu of burial in a government cemetery, the
Veterans Administration will provide a $150 plot allowance. An allowance will
also be made toward the purchase of a marker in lieu of a government
headstone. The Veterans Administration Office is located in the Federal
Building, 300 Ala Moana Boulevard, Honolulu, Hawaii (Phone: 541-1000).
|
| 7.
CREDIT UNIONS. Many credit unions pay a death benefit up to a
certain amount (i.e. $1,000 or $2,000) based on the amount on deposit, the age
of the decedent at the time he made the deposit, or his age at the time of
death. Money borrowed from the credit union may also be covered by insurance.
|
|
PROTECTING PROPERTY
Immediate
action should be taken to safeguard and protect the decedent's personal and
real property. The personal representative's authority to safeguard assets
relates back to the date of death (H.R.S. § 560:3-701). He should take common
sense steps to protect valuable or perishable property and should not wait
until he has been officially appointed by the probate court to take
appropriate action. Appropriate action may include:
|
1.
PROTECT HOME CONTENTS DURING FUNERAL.
Have someone
(perhaps a friend or neighbor) stay at the decedent's home during the funeral.
Relatives should consider this also. If high value assets are in the
home, consider hiring a guard during the funeral.
|
| 2.
PROTECT HOME CONTENTS. If
the decedent resided alone, the door locks should be changed and valuables
such as jewelry and silver should be moved to a safe location (possibly the
home of a close relative). |
| 3.
CEASE HOME DELIVERIES.
If
decedent resided alone, home deliveries (such as newspapers or magazines)
should be terminated and the post office should be notified to forward all
mail to the person who will serve as personal representative, or held by the
post office until a personal representative has been appointed by the court.
|
| 4.
INVENTORY.
It would
be advisable to make an immediate inventory of all tangible personal property
located in the house and take precautions to avoid pilferage by relatives,
friends, and employees.
|
| 5.
CASUALTY AND LIABILITY INSURANCE.
Existing casualty and liability insurance policies should be carefully
reviewed and such policies as are necessary to protect all assets should be
taken out. Check to make sure that the property is insured to its full
value and that a rider is attached to cover all persons with insurable
interests including the personal representative, any testamentary trustee, and
all heirs and beneficiaries of the estate.
|
| 6.
SAFEGUARD PAPERS.
All
of the decedent's papers should be assembled and safeguarded until the
attorney has had an opportunity to review them and pick out those which should
be saved, such papers may include:
|
- Last Will and Testament
- all Trust Agreements;
- title to burial plot;
- birth certificate;
- naturalization and adoption papers;
- marriage certificate;
- divorce papers;
- social security card;
- safety deposit box number (and key);
- checkbooks;
- savings account passbooks;
- bank statements;
- records of investments;
- financial statements;
- stock and bond certificates;
- deeds;
- title policies;
- leases;
- appraisals;
- mortgage papers;
- contracts;
- insurance policies;
- automobile title and registration,
- veterans papers;
- unpaid bills;
- credit cards;
- income and gift tax returns; and,
- all other papers of a "business nature".
|
| 7.
DECEDENT'S BUSINESS. If
the decedent was sole owner of a corporation or operated a sole
proprietorship, immediate action should be taken to arrange for the temporary
management of the business and to make cash available for employees' salaries
and other current expenses. This may require the appointment of a special
administrator.
|
| 8.
MORTGAGE PAYMENTS.
The
Personal Representative should keep mortgage payments current, even though a
formal claim has not been filed, as part of his duty to protect and preserve
the estate assets. The Personal Representative should also satisfy lump sum
mortgages when due to prevent foreclosure or loss to the estate. The final
liability for mortgage indebtedness may fall upon one or more of the
beneficiaries during the settlement of the estate. Under the Hawaii
non-exoneration statute (H.R.S. § 560:2-609), the beneficiary of real
property, unless the Will provides otherwise, takes it subject to any
mortgages.
|
| 9.
SOCIAL SECURITY.
Any
Social Security check made payable to the decedent for the month in which the
decedent died is not an asset of the estate or of the surviving spouse and
must be returned. The Social Security check is issued for the prior month
(i.e., the check for May is issued in June), and there is no proration for
part of a month. For example, if the decedent died on May 25, the check issued
in June, for the month of May, must be returned.
|
| 10.
VULTURES.
Watch out
for vultures. It is not uncommon for con-artists to pray upon the survivors,
particularly widows.
One con is to try to collect a nonexistent debt.
Another is to deliver merchandise that was never
ordered.
Still another is to inform the survivor that final premiums on a
nonexistent life insurance policy must be paid before the proceeds can be
collected. This same ploy is used for other valuable assets with the claim
that a final payment needs to be made before the asset can be delivered.
Survivors that are inexperienced with investments are often prime
prospects for bad investments. Even reputable investment firms will sometimes
change stock portfolios merely to obtain commissions.
The best advise is to be careful, go slow and consult experienced members
of the family or other trusted advisors before proceeding. |
|
OBTAIN DEATH
CERTIFICATE
The Funeral Director will generally order several
certified copies of the Death Certificate as a matter of routine.
It is advisable, however, to initially order at least a dozen certified
copies of the Death Certificate. Xeroxed
copies will not do. They
may be needed for collecting
life insurance proceeds, social security, veterans benefits,
transferring securities, obtaining access to the safe deposit box,
obtaining the appointment of a Special Administrator, opening a probate
administration, re-registering an automobile and for many other
purposes.
Certified copies of the Death Certificate may be obtained by the
mortuary or ordered directly from the Hawaii Department of Health,
P.O. Box 3378, Honolulu, Hawaii 96801, (548-5818). |
|
LOCATE WILL
If the
decedent left a Will, it can usually be located either: (1) in his personal or
business safe deposit box; (2) with the attorney that drafted it; or, (3) with
the person nominated to serve as the Personal Representative in the Will.
|
| A. SAFE DEPOSIT BOX.
Access
to the safe deposit box in order to inventory the contents and remove the Will
can be obtained by calling the bank and making an appointment to meet a bank
officer at the safe deposit box department. The bank is required by law
(H.R.S. § 560:2-902) to deliver the will to a person able to secure its
probate, the bank may release other assets from the box such as a deed to a
burial plot or burial instructions and insurance policies on the decedent's
life (to named beneficiaries). The bank will probably not release other assets
until a Personal Representative or Special Administrator (with specific power
to access the safe deposit box) is appointed.
If an
individual has a personal safe deposit box, it will usually be at one of the
banks where he maintains a savings or checking account. The location may also
be obtained by searching for the key among his personal effects or, as a last
resort, by contacting the main branches of the various banks and asking them
to also check their branches.
|
| B.
ATTORNEY.
If a copy
of the will can be found, the name of the attorney that drafted it will often
be found printed somewhere on the Will (usually on the blue-back which is
attached to the Will). If the attorney's name cannot be found stamped on the
Will, you should check the names of the witnesses. Often the attorney will
serve as a witness to the Will. The attorney's name may also be found by going
through the decedent's address book. The final method may be to put a written
request in each law firm and individual attorney court jacket at the Circuit
Court, 777 Punchbowl Street, Honolulu, Hawaii.
|
| C.
PERSONAL REPRESENTATIVE. If
a corporate Personal Representative is nominated in the Will, the original
Will will probably be held for safekeeping by them. The corporations presently
qualified to serve as Personal Representative in Hawaii are:
First Hawaiian Bank, Pacific Century Trust and Central
Pacific Bank.
|
| D.
DUTY TO DELIVER.
Any
person having custody of the Will is required by law (H.R.S. § 560:2-902) to
deliver it with reasonable promptness to a person who is able to secure its
probate, or if none is known, to the probate court. A person who willfully
fails to deliver the Will is liable to any person for damages caused to the
person by such failure to deliver. A person is guilty of a class C felony if,
with intent to defraud, he destroys, removes, or conceals any Will, Codicil or
other testamentary instrument (H.R.S. § 708-858).
|
|
INVENTORY
ASSETS
Information
regarding assets owned by the decedent must be obtained in order that
preliminary decisions may be intelligently made. Such decisions include: (i)
determining whether or not there is a need for probate; (ii) if there is a
need for probate, which level of probate is appropriate (i.e., small estates,
informal or supervised); (iii) determining whether or not there will be an
estate tax; and, (iv) whether immediate action needs to be taken to protect
certain assets which may require the appointment of a Special Administrator
prior to the appointment of a Personal Representative.
This
information, as well as other relevant information, is most efficiently
obtained by use of an information checklist. An excellent start for such a
checklist is the Federal Estate Tax Return (Form 706). This Form can be
obtained from the Internal Revenue Service in the Federal building.
Information about the decedent's assets can usually be obtained by examining
records found in his or her safe deposit box and personal papers including
bank books, checking account statements, brokerage account statements and
income tax returns.
|
| A.
EXAMINE DOCUMENTS.
It
is important to confirm the exact status of title to assets by examining the
deeds, stock certificates, etc. You should never rely on the memory of family
members as to how property is titled. It would be wise to obtain a title
report on all parcels of real property. This can be done by calling a title
company and requesting a preliminary title report.
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| B.
INCOME TAX RETURNS.
The
various schedules to the decedent's income tax returns will let you know about
stocks, brokerage accounts, bank accounts, businesses, partnership interests,
trust interests, and income producing real property. |
| C.
REAL PROPERTY.
Information
about real property owned by the decedent can be obtained by having a
title company conduct a property search.
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| D.
MAIL.
Another
source of information is the decedent's mail. By watching his mail, statements
will be received over time which should eventually identify most all of his
property. |
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