Monday, September
6 2010
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Monday, September
6 2010
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Announcing a new acquisition!!
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What's New at Forte for the year 2009 June 2009 - A To-Do List for Settling an Estate By Forte News Department The
adjustment to the loss of a loved one is hard enough without the inevitable
workload of settling their affairs. Even if they don’t have much in the way of
assets, the process takes time – typically up to a year. It
makes sense to get advice from tax, estate and financial planning experts in
the preparation of an estate plan. A Certified Financial Planner™ professional
in estate matters is a good choice to start the process. It
also makes sense to have an idea of how that year will go, so here’s a list
what needs to be done at critical intervals of the process. But this is not just a list to help survivors.
This can be a key estate-planning tool for you as well. Remember the way that
you handle your estate, financial and funeral arrangements can lighten the load
on family members. Tailor the following
list to your own needs, and discuss it with your chosen executor while you’re
in good health. And if you need to make changes, keep them informed: Step #1 – Start rounding up key
documents: An
executor has to find, identify and organize a deceased person’s financial
records, tax returns, and other key papers to figure out what the decedent
owned or controlled. If that individual was working closely with a financial
planner or investment manager, they may have all that material summarized in
one place. But otherwise, the executor needs to look for bank accounts,
brokerage accounts or other investments, life insurance or annuity policies,
retirement plans, deeds to real estate, automobile titles and other evidence of
assets with value. She will also be looking to see if the decedent had a will
or trust that directs what they want done with the previous items. Also, the
executor needs to track down all records of outstanding loans, mortgages or
credit card bills. Make sure at least 10-20 copies of the death certificate are
ordered. Note: This won’t be done in a day, even if the deceased was extremely
well organized. Step #2 – Start making key phone
calls: The executor needs to inform key contacts
that the person has died. Make sure they contact: ·
Social
Security if the deceased was receiving benefits; ·
The
Veterans Administration if they were a qualified veteran for burial benefits; ·
Their
employer, health insurer, credit unions, mortgage company and credit card
companies for possible death benefits; ·
Life
insurance agent for possible death benefits; ·
Automobile
insurance agency if they owned a car; ·
All
creditors – mortgage companies, credit card companies, any organization that’s
owed money by the deceased – needs to be notified that their customer has died.
They’ll probably request a copy of the death certificate, so make sure you have
enough copies. Step #3 – Get permission to check
safety deposit boxes:
If there isn’t a will in an easy-to-find place or an at-home lock box, the
executor may need to try and get into a bank safety deposit box, which can take
a bit of time. The procedures vary from state to state, but the bank should be
able to direct the executor. (NOTE: This is why it’s good to keep important
papers in an at-home lock box.) Step #4 – Getting filing the will
for probate: If you
find a will, the executor named in the will should be notified, and a decision
should be made about whether to file the will for probate. It is usually not
necessary to probate a will unless there is property in the name of the
decedent that needs to be transferred, so if everything is in joint names with
a surviving spouse or surviving children, there may be nothing to pass under
the will. This is something for which the advice of a lawyer might be needed.
If there is a trust document, the trustees or successor trustees should be
notified. Step #5 – Bring in a lawyer if
necessary: The
executor may or may not to choose to work with an experienced estate attorney.
Generally, it can be a good idea. If there is no will and no trust, the
property owned by the deceased will pass to the "intestate" heirs
determined under state law, and one or more of those heirs (or some other
qualified person) will need to file a petition for "letters of
administration" in order to sell or transfer the decedent's property. The
procedures for probating a will, or petitioning for letters of administration,
vary from state to state, and may require the services of a lawyer. Step #6 – Make sure bills get
paid: The executor needs to make sure that
all the deceased’s bills and other outstanding debts continue to be paid until
they are disposed of. If assets are
insufficient to cover these debts, the executor will have to find another way
to pay them or make sure talks take place to lower the amounts. Step #7 – Make sure taxes are paid: The executor needs to
make sure there is a final tax return filed on behalf of the deceased. A federal tax return needs to be filed if
the gross estate is more than $3.5 million in 2009. Step #8 – Make sure assets are
properly distributed:
The executor, working with estate and tax experts, can determine after all
expenses and taxes are accounted for, that all of the assets are distributed
properly. Only at that time can the estate be truly closed. June 2009 — This column is produced
by the Financial Planning Association, the membership organization for the
financial planning community, and is provided by David W. Henion CPA, a local
member of FPA. | ||||||||||||||
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