How to Settle a Deceased Person's Business Affairs
There are many places that need notification after a death in the family. Notification of all these facilities ensure benefits are paid to the survivors in a timely manner.
Difficulty Level: Average Time Required: N/A
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Here's How:
Tips:
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Actions to be Taken
ACTIONS TO BE TAKEN
INSURANCE POLICIES
SOCIAL SECURITY
1. Apply to nearest Social Security Office in person and bring:
2. Follow up if benefits are not received within 60 days.
FRINGE BENEFITS (GROUP INSURANCE, ETC.)
1. Contact the employer of the deceased's employee benefits department immediately and request a listing of death benefits payable and how paid.
2. Provide employee benefits department with adequate number of certified death certificates and any other documentation required.
VETERANS' BENEFITS
1. Inquire in person (local VA office) as to eligibility.
2. Records. SAFE DEPOSIT BOX
1. Arrange with executor to inventory contents.
2. Determine contents, if any, may be removed with receipt.
FILING OF TAX RETURNS
1) Make a decision on who is to file appropriate tax returns:
2. While the above returns should be reviewed by the probate attorney, they may be prepared by your attorney, CPA or a bank trust department. One firm or individual should prepare all the returns and you should have a clear understanding of fees before the work is begun.
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CHECKLISTDecide and Arrange As Quickly As Possible |
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| [ ]*Burial estate location and which space to open | |
| [ ]*Memorial type and inscription | |
| [ ]*Casket type | |
| [ ]*Vault or crypt | |
| [ ]*Clothing for deceased | |
| [ ]*Type of service (religious, military, fraternal) | |
| [ ]*Special selection from scriptures | |
| [ ] Clergy to officiate | |
| [ ]*Location where service is to be held | |
| [ ] Which funeral home / funeral director | |
| [ ] Time for funeral service | |
| [ ]*Decide name of
charitable organization or fund to which donations are suggested in memory of the deceased |
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| [ ]*Provide information for eulogy | |
| [ ] Select names for pall-bearers | |
| [ ] Flowers | |
| [ ]*Music | |
| [ ] Clothing for you and children | |
| [ ] Preparation at home, including food for family and guests | |
| [ ] Extra chairs | |
| [ ] Transportation for
family and guests, including planning funeral car list |
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| [ ] Sign papers necessary for burial permit | |
| [ ]*Provide vital statistics about deceased to newspapers | |
| [ ]*Provide addresses and telephone numbers for all interested people | |
| [ ] Meet with funeral director | |
| [ ] Arrange for meeting
relatives who arrive from out of state at airport or railroad station |
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| [ ] Arrange lodging for out-of-town relatives | |
| [ ] Make list of callers and floral tributes for sending thank you cards | |
| [ ]*Arrange for special religious services | |
| [ ]*Check Will regarding special wishes | |
| [ ] Order multiple copies of death certificate | |
[ ] Look after minor
children Notify as soon as possible |
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| [ ] The doctor or doctors | |
| [ ] The funeral director | |
| [ ] The cemetery or memorial park | |
| [ ] All relatives | |
| [ ] All friends | |
| [ ] Employer of deceased | |
| [ ] Employers of relatives not going to work | |
| [ ] Casket-bearers | |
| [ ] Insurance agents (Life, Health, Accident) | |
| [ ] Religious, fraternal, civic, veterans organizations, unions | |
[ ] Newspapers
regarding notices Secure Vital Statistics (Required for Burial Permit) |
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| [ ]*Name, home address and telephone number. | |
| [ ]*How long in State | |
| [ ]*Name of business, address and telephone number. | |
| [ ]*Occupation and title | |
| [ ]*Social Security Number. | |
| [ ]*War Veterans Serial Number. | |
| [ ]*Date of Birth | |
| [ ]*Place of Birth | |
| [ ]*U.S. Citizen | |
| [ ]*Father's name | |
| [ ]*Father's birthplace | |
| [ ]*Mother's maiden name | |
| [ ]*Mother's birthplace | |
[ ]*Religious name (if
any) Pay Some Or All Of The Following |
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| [ ] Mortgage or Rent | |
| [ ] Taxes due | |
| [ ] Gas | |
| [ ] Electric | |
| [ ] Water | |
| [ ] Telephone | |
| [ ] Other current and urgent household bills: | |
| [ ]*Family burial estate | |
| [ ]*Memorials | |
| [ ]*Funeral director | |
| [ ]*Interment Service | |
| [ ] Clergy | |
| [ ] Florist | |
| [ ] Doctors | |
[ ] Hospitals Collect Important Documents and Asset Information |
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| [ ]*Will; Trust(s); Advance Medical Directive | |
| [ ]*Legal proof of age or birth certificate | |
| [ ]*Social Security card or number | |
| [ ]*Marriage license | |
| [ ]*Citizenship papers | |
| [ ]*Insurance policies (life, health, accident, property) | |
| [ ]*Bank statements | |
| [ ]*Certificates of Deposit | |
| [ ]*Savings Bonds | |
| [ ]*Deeds to real estate | |
| [ ]*Title to automobile(s) | |
| [ ]*List of stocks,
bonds, mutual funds, partnership interests, business interests, and other investment assets |
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| [ ]*List of pension and
profit-sharing plans, IRA accounts, 401K's, and other retirement accounts |
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| [ ]*List of all living relatives | |
| [ ]*Cemetery or Memorial Park Certificate of Ownership | |
| [ ] Social Security Benefits (see attached page) | |
| [ ]*Veterans discharge certificate | |
| [ ] Veteran's Benefits
(see attached page)
See Wills, Trusts, and Estate Planning for more information. Return to the top ofThe Northern Virginia Law PageSOCIAL SECURITY BENEFITSMost of us are entitled to some form of Social
Security benefits. But it is important to realize that Social Security benefits are not
paid automatically. You must apply for these benefits on special forms, and certain
documents must be furnished at that time. These forms and documents, listed below, must be
furnished within a specific TIME LIMIT. How To Claim (Documents You Need) |
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| 1. Social Security Proof of Death | |
| 2. Social Security Card for Deceased | |
| 3. Copy of Marriage Certificate | |
| 4. Birth Certificate of Applicant | |
| 5. Birth Certificate of Deceased | |
| 6. Birth Certificates of minor children | |
| 7. Disability Proof for children over 18 | |
| 8. Receipted funeral bill (if applicant is other than the surviving spouse) | |
9. Proof of support if
applicant parent or husband Death BenefitA lump sum will be made to the surviving spouse if
he or she was living in the same household with the insured person at the time of death.
If no qualified spouse survives, the payment can be made only to eligible children. Survivor's PaymentsThe widow, dependent widower, children and dependents parents of the decedent may be eligible for monthly survivor's payments. Contact the social security office near you for additional facts and information. See Wills, Trusts, and Estate Planning for more information. Return to the top ofThe Northern Virginia Law Page
VETERAN'S BENEFITSVeterans' survivors are entitled to many
burial-related benefits. However, these benefits are not paid automatically. Claims for
Veterans' benefits must usually be made within two years from the date of final interment. How to File a Claim for Veteran's BenefitsThe following forms must be submitted: |
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| 1. Veteran's Discharge Papers | |
| 2. Certified copy of Death Certificate | |
| 3. Itemized funeral bill with receipt for payment See Wills, Trusts, and Estate Planning for more information | |
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List of Important Papers
Use this list to keep track of important documents. This will come in handy at many times, not just when you are planning a funeral or coping with a death in the family member.
| Will | |
| Living will | |
| Income tax returns from previous years | |
| Birth certificate | |
| Marriage certificate | |
| Military records | |
| Naturalization papers | |
| Adoption papers | |
| Divorce or annulment papers | |
| Deed to home or any other property | |
| Cemetery deed |
| Life | |
| Home | |
| Property | |
| Auto | |
| Medical | |
| Dental | |
| Vision | |
| Long term health care | |
| Disability |
| Home mortgage | |
| Loans outstanding | |
| Checking accounts | |
| Savings and money market accounts, CDs (certificates of deposit) | |
| Investments (stocks and bonds, mutual funds) | |
| Credit cards | |
| Pension or retirement plans | |
| Property tax receipts | |
| Rental property | |
| Vacation property | |
| Debts owed to you |
| Safety deposit box | |
| Post Office box | |
| Utilities |
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Military Families
Survivor Assistance
To assist TROA members and their spouses, the Personal Affairs Department has put together a valuable booklet for military retirees who are getting their personal affairs in order: Help Your Surviving Spouse-Now! Perhaps the most significant part of this publication is the Personal Affairs Workbook. This workbook was designed to assist military retirees and spouses in organizing all of their personal affairs information on one document. You can download the Personal Affairs Workbook.
Also available is the Survivor Checklist. This pamphlet lists tasks that must be addressed by the surviving spouse after the retiree's death. The checklist is mailed to the surviving spouse of a member when TROA is notified of the retirees death.
Frequently Asked Questions
Q. Who at TROA headquarters
should my spouse notify of my death?
A. Your surviving spouse should simply call our standard toll-free
number (800) 245-8762 and they will be directed to the proper department.
Q. Is there any form or
checklist that can help remind family members and surviving spouses about the many
subjects that need attention at the time of a military members death?
A. TROA has developed a Survivor Checklist which
can be downloaded from TROAs Web Site.
Q. When does military retired pay
cease?
A. At midnight on the date of death of the military member.
Q. What is DIC and when is it
payable?
A. Dependency and Indemnity Compensation (DIC) is
payable by the Department of Veterans Affairs (VA) when the military members death
was due to service-connected causes. The monthly rate for this tax-free income for 2000 is
$881.00. An additional $222 is payable for each child younger than 18. Also, an additional
$191 a month is added to the basic rate if the deceased service member had been entitled
to receive 100% service-connected compensation for at least eight years immediately
preceding death and the surviving spouse was married to the service member for those same
eight years. For more information order TROAs "Help Your
Surviving Spouse Now!".
Q. Are there
circumstances whereby DIC is payable to a surviving spouse where death by the military
member was not due to service-connected causes?
A. Yes. DIC is also payable if your death is not due
to service-connected causes with the following provisions:
you held the VA total service-connected disability rating continuously for 10 or more years immediately before death, or you held the VA total service-connected disability rating continuously since last release from active duty for at least five years, and you were married one or more years on the date of death.
Q. What is the RSFPP
annuity?
A. If you were entitled to retired pay before Sept. 21, 1972, you had an
opportunity to elect an annuity for your spouse under the Retired Servicemans Family
Protection Plan (RSFPP). This was formerly known as the Uniformed Services Contingency
Option Act of 1953. SBP replaced RSFPP on Sept. 21, 1972. People qualifying for retired
pay after that date were not eligible to participate in RSFPP. However, if you were
enrolled in RSFPP when SBP became law, you could either continue or cancel that coverage.
If you continued RSFPP, a notation or copy of your RSFPP election form should be with your
important papers so your spouse will know of the entitlement to an annuity under this
plan.
The annuity will be whatever you elected before retirement. This would be one-half, one-quarter, or one-eighth of your retired pay. The exact amount should have been furnished to you by your DFAS shortly after your retired pay began. Unlike SBP, it is a fixed amount based on your initial retired pay and is not related to cost-of-living increases in retired pay.
Q. What military benefits
does a surviving spouse retain after the death of the military member?
A. After a military members death, the surviving spouse and certain
unremarried former spouses continue to remain eligible for all the benefits (medical care,
commissary, exchange, theater, etc.) previously authorized. One privilege not
authorized for the survivor is space-available travel on military aircraft.
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What Every Person Should Know
WHAT EVERY PERSON SHOULD KNOW FOR EMERGENCIES
LOCATION OF PAPERS
Important papers should be kept in (most cases) a bank's safety deposit box. However,
recognize that when one dies, the bank is usually required to seal the box until such time
as it receives authority from the court, executor, etc. You may wish to have originals
stored where accessible.
Birth or adoption certificates for all family members
Citizenship papers, if any members are naturalized citizens
Marriage certificate
Marriage and divorce certificates for any previous marriages
Physicians Directive
Last will and testament/trust documents
Deed to cemetery plot
Letter of instruction regarding funeral and or donation of body parts.
EMPLOYMENT INFORMATION
Names and addresses of each spouse's employers
Employer's benefit plans in which each spouse participates such as group insurance, pension plan, 401(K), etc.
Spouse's social security number
Location of social security cards
Length of time each has been covered by the social security program
Location of copies of previous year's income tax returns and supporting data or documents for the past three years, including cancelled check for most recent tax payment
Location of current withholding tax forms and receipts from employers
FAMILY DATA
Name, address and place of birth of each spouse's mother and father
MILITARY SERVICE
Service serial number
Dates of entry and discharge
Location of discharge papers
List of veterans benefits received (disability payments, places and dates of any
hospitalization, education )
PROPERTY INFORMATION
Location of:
Safety deposit box
Key to safety deposit box
Papers for any owned real estate, including your home- deed, copy of mortgage, title insurance policy, surveys, closing statements, insurance policies, tax receipts, leases, building cost figures
Checkbooks and savings pass books for all bank accounts
Records of purchase and sale for stock certificate and bonds
List of any personal property not located in home or safety deposit box
Automobile title and registration certificates
Notes or loans agreements relating to debts owed to husband or wife
Income tax basis information for each asset
INSURANCE
Life Insurance: Location of policies, receipts of paid premiums, data on any loans made against the policies
Disability insurance: location of policies
Property insurance on house, car, etc.: location of policies, name of agent
Other insurance policies (hospitalization, mortgage, tuition, etc.): location of
policies
PERSONS TO CONTACT IN CASE OF EMERGENCY
Person you have designated as children's guardian Close relatives and/or close friends
Executor of your estate Trustees of trusts
Doctor Lawyer Accountant Financial Planner
Clergyman Banker
Stockbroker Insurance (Life)
Insurance (Property and Liability)
Pharmacist Hospital/HMO
SURVIVOR CHECKLIST: Here are a few items you need to review upon the death of a spouse or close relative
| If you have a will, make sure it is up to date and review it with an attorney to assure compliance with current state and federal law. If you don't have a will, do one as soon as possible | |
| If you have life insurance, make sure your beneficiary list is up to date. Also remember that, irrespective of anything put in the will, life insurance proceeds go directly to the person named- so don't provide them more than another unless that is your desire | |
| Review the title to real estate- joint, community property, etc. and make adjustments as necessary. | |
| Review the title/ownership on accounts at savings and loans, credit unions, brokerage firms, mutual funds, stocks, bonds, etc. Adjust as necessary. Remember, all joint accounts may be possibly attached by creditors of the other joint tenant, so pick wisely. It might be better to keep in sole ownership and leave asset in will (though asset will be picked up for probate) | |
| If you wish to change ownership on US Savings bonds, take them to your bank | |
| What is the ownership of your safety deposit box and what happens in your state when you or a spouse dies. The problem might be that the bank will seal the box closed until the administrator has papers allowing access. Perhaps there are papers that you would need to get immediately. | |
| Did the decedent own any vehicles in joint title. They will need to be changed | |
| If you had a mortgage with the decedent, you need to contact the mortgagor and have the ownership changed. While you are at it, is there anything else with the mortgage you might want to change. | |
| Did you have any leases with the decedent- auto, home/apartment, machinery, etc. Contact each for ownership change | |
| Were you in business with the decedent. Are there corporate insurance policies. Will the business continue or dissolve. What about creditors- have they been informed. Can you get a delay for payment. If no formal agreement, you need to check with an attorney to see how to proceed with your rights, if any. | |
| Contact the employee benefits department at the decedents place of work and check for all accounts- pension, 401(k), etc. Check about continuing medical coverage under COBRA or whether the company will continue coverage to the end of the year. Do you wish to roll account to your name or will the company retain in decedent's name until the decedent "retirement" age. | |
| If you have not
completed an inventory of your assets and papers for your survivors, do so now. It can
save a lot of grief later on. For example, does anyone know where your will or trust is? |
AND MORE: Survivors also need to do the following
| Obtain about 10 copies of the death certificate that are available from the funeral director | |
| Obtain you marriage certificate if applicable | |
| If there are surviving children, obtain their birth certificates. | |
| If deceased was in the military, you will need copies of honorable discharge in order to be able to claim benefits. | |
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