Taking the First Steps after Death
| Author | Margaret A. Munro, Kathryn A. Murphy |
| Profession | Has more than 30 years' experience in trusts, estates, family tax, and small businesses/Attorney with more than 20 years' experience administering estates and trusts and preparing estate and gift tax returns |
| Pages | 75-91 |
CHAPTER 5 Taking the First Steps after Death 75
Chapter5
Taking the First Steps
after Death
The decedent has died and you’re now in charge of everything, whether
that’s because you advised him or her during life, you were friends, or
you’re the only sibling he or she ever trusted. You may know that you’ve
been appointed as executor, or you may be the only one, in all the confusion of
death, who suspects that the decedent had a Last Will and begins the search to
nd it. Whatever your scenario, you may have many questions, including some
you don’t yet know you have! Read on for the answers.
This chapter discusses the immediate issues arising after the decedent dies,
everything from dealing with the decedent’s physical remains to how the situa-
tion regarding the decedent’s assets changes when he or she dies. From what the
estate-planning documents are and how to locate them to how to identify
heirs-at-law and beneciaries, how to notify everyone who needs to be notied
about the decedent’s death, and how to stay organized. Although we’re not the
“estate whisperers,” we do help you tame that not-so-bad wild mustang— estate
administration.
IN THIS CHAPTER
»
Knowing what you have to take care
of right o the bat
»
Planning the funeral
»
Treating the decedent’s assets
dierently now that he or she has
passed
»
Locating estate planning documents
and determining who inherits
and how
»
Informing those who need to know
about the death and staying
organized
76 PART 2 Administering an Estate
Addressing the Immediate Concerns
When Someone Dies
After someone dies, although you may be grieving, some matters need to be
addressed immediately; they may occur to you naturally, or you may just need to
bear them in mind and watch out for them. Make sure that the following items are
taken care of. Some of them may not be relevant to your decedent, but others are
a necessity.
Honoring anatomical gifts
As soon as someone dies, make sure that you check to see whether the decedent
had a notation on his or her driver’s license or a donor card, personal identica-
tion card, or other legally recognized document by which he or she indicated a
desire to make an anatomical gift. Sometimes the decedent will have told loved
ones of this decision as well. If the decedent’s wishes regarding anatomical dona-
tion aren’t clear, and the possibility exists of using his or her organs for trans-
plant, the doctors or other hospital sta will explain the available donation options
to the family or next of kin. Donation depends upon the family or next of kin’s
assent; if they agree to have the donation made, the organs will be harvested and
the body will then be available for a funeral and burial or cremation.
Even if organ or tissue donation isn’t made, the decedent may have donated his or
her body to a medical school or other institution. The donation may be contained
in a letter of intent located with the estate-planning documents. If the decedent
donated his or her remains, contact the institution and they’ll make arrangements
for, and cover all costs of, transportation and eventual cremation. Most will return
the cremated remains to the family, if desired.
Having an autopsy performed
Where the decedent’s death may have been the result of violence, foul play, or
other unnatural causes, or for various reasons detailed in individual state laws,
the state medical examiner can perform an autopsy, whether or not the family
consents. In this case, the medical examiner’s oce bears the cost of the autopsy.
On the other hand, the family may choose to request an autopsy when it suspects
the possibility of medical malpractice (or for other medical reasons). If the family
wants to request an autopsy, it should inform the attending physician immedi-
ately. In the unlikely event the body has been transported to a funeral home, the
family should immediately inform the funeral director (who normally won’t
embalm the body without the consent of the family) so that embalming doesn’t
occur. The family bears the autopsy cost if it requests the procedure for suspected
medical malpractice. If the hospital itself is concerned about a possible medical
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