Wednesday, November 5, 2014

What to do when a loved one dies?

This post discusses the first steps to take when a loved one dies in regard to their property. Amid all of the grieving and family plans, often the ones left behind have no idea where to start and here are my basic recommended steps. Rather than dancing around the words "dead person" I use the legal term "decedent".


  1. Create a list of everything the decedent owns.
  2. Determine which of the items on the property list is subject to probate or not. (See prior blog post for help with this).
  3. Collect the decedent's mail so you know what outstanding debts (creditors) the decedent may have.
  4. Search for a Last Will & Testament or Trust Documents.
  5. Verify whether or not the decedent had any safe deposit boxes at the local bank - sometimes valuables or a Will may be left behind in a deposit box.
  6. Contact the decedent's employer or any source of income to the decedent to let them know of the death and ask if there are any insurance policies or retirement plans belonging to the decedent.
  7. Look through files of the decedent to identify any bank accounts or other investment accounts owned by the decedent.
  8. If the decedent lived alone, secure the home and pay utility bills to maintain the house, if needed.
  9. Do not pay creditors with your own money, unless the bill is for a piece of property like a boat, car, or house that you intend on keeping for  yourself (if you are legally entitled to it).
  10. Get several certified copies of the death certificate from the funeral home.
  11. Contact a lawyer if you need help.

If you need to open a probate estate for the decedent, you do not have to rush into doing this but understand that you will not be able to close out bank accounts or sell a house, for example, until the probate estate is opened. There is no deadline in Michigan to open an estate with the court.

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