Questions to Ask an Estate Attorney After Death

The loss of a loved one is a devastating event. While grappling with your loss, it is understandable if you don't have the right frame of mind to deal with the issues of the decedent's estate. Attorney Jimmy Wagner can help you with this legal advice.  The legal advice can be about tax returns, estate planning, and to sell property or not.

Questions to Ask an Estate Attorney After Death

There is usually a lot going on in the immediate aftermath of a loved one's passing and matters relating to the estate can easily be put on the back burner.  The first legal advice everyone seeks is about tax returns, federal estate tax, and how soon does the personal representative have to complete the estate tax return. Time is not on your side and there are a lot of issues the probate attorney will have to cover.

Once a person dies, time begins to run in relation to the estate. The law requires several events to take place, especially if the decedent left behind a living trust, life insurance, tax returns, revocable living trust and did the deceased person sell property.

While it is a great idea to hire an probate attorney to seek legal advice and handle tax returns,  it is also beneficial to you to have a basic understanding of what the probate attorney will do for you. I have curated a list of questions for you to ask your probate attorney in your first consultation with them. It is however important to keep in mind that this article does not take the place of legal advice.

Is the Power of Attorney still valid?

Your loved one gave you the Power of Attorney while they were alive, as you were their primary caregiver but now they have passed away. Does that power of attorney confers on you the authority to administer the estate.  It does not.  Hopefully the deceased person engaged in proper estate planning.  The legal advice for the estate planning would have appointed a personal representative to handle the federal estate tax, the estate tax return, life insurance and working under the estate plan of deceased person.

A power of attorney is only effective as long as the principal is alive. Upon the death of the principal, it becomes ineffective. The estate personal representative would have been appointed in the estate plan.  Your probate attorney can petition the probate court to have you appointed as executor if that is what the Will states.

How do I protect the assets that were left behind?

If the Surrogate's Court has authorized you to administer the estate and file tax returns, your first order of business is to file tax returns, and protect the assets the decedent left behind. As executor, you have the legal authority to file tax returns and access the home. Of course, if you were the primary caregiver during the decedent's illness, then you may have already had this ability. Did the estate include real estate or tax returns?  Is the real estate income producing or subject to a living trust or irrevocable trust?

Your next order of business is to file tax returns and restrict access to the real estate as the assets in the home might prove irresistible to overzealous friends or family members. Next, remove everything of value from the home and keep a record of everything that was removed. Also, redirect every mail coming to the house to the personal representative. The next step is to determine if you will sell property.

How can I find out if there is a will?

You can start by searching the personal possessions and documents of the decedent. If this fails to yield results, contact the decedent's bank to see if they kept a safety deposit box or had documents kept in the care of the bank. Also, consider seeking out the legal advice the decedent used while he was alive. You will most likely find details of the attorney while looking through the decedent's documents. Other avenues you can explore are:

• Contacting the legal advice in the area where the decedent lived to see if they held a copy of the will for him.
• Checking the decedent's smartphone or computer to see whether a soft copy of the will was saved there.

What do I do about debts and federal estate tax?

Things to note about debts and tax return:

• The decedent's debts are not automatically canceled on their passing. The debts are still valid and the creditors will come. You can go through the decedent's documents to get a picture of their debts. Also, creditors will have seven months from the beginning of the probate process to come forward and state what debts they are owed. 
• As the relative of the decedent, you do not need to assume the payment of the debts. The payment of the debts and all taxes (if the decedent had a tax liability) will be paid out of the decedent's estate.
• The tax return will have to be filed.  Even if you file an estate tax return based on the estate planning you will still be required to file tax returns.
• If the decedent's estate exceeds $5.25 million, then a New York estate tax law ranging from 3.06% to 16% is applicable. Federal tax should also be taken into account. They kick in when the estate exceeds $11.4 million.

How do I handle notification of the death?

Friends and family members can be notified through phone calls and messages. Taking out an advert in the Obituary section of newspapers can also help. You might also consider announcing on the decedent's social media pages.

Also, if the decedent was a member of the New York State and Local Retirement System (NYSLR), you need to notify them about the death. You will be required to fill a Notification of Death form. 

How do I get the death certificate?

You can order the death certificate online or visit the local Registrar of Vital Statistics where the decedent died. The New York City Health Department uses VitalChek, a secure third-party vendor to process online orders. To be eligible to get a copy of the death certificate, you must be either a spouse, parent, child, or sibling of the decedent. If you are none of these, then you must have either a documented lawful right to access the certificate, a documented medical need, or a New York State Court order.

A death certificate has two parts: the standard certificate of death and the confidential part where the cause of death is stated. Either of the two can be ordered for the same cost. However, who can order it and how it can be ordered varies.

The death certificate and the confidential cause of death medical report can be ordered by any of the following people:

• Spouse
• Domestic partner
• Parent
• Child
• Sibling
• Grandparent
• Grandchild
• Informant listed on the certificate
• The person in control of disposition (executor or estate administrator)

The following people can only request the death certificate and not the cause of death:

• Niece/Nephew
• Aunt/Uncle
• The great-grandchild and great-great-grandchild
• Grandniece/Grandnephew 

What Should I Do with the Real estate?

Obtaining legal advice for probate court and the probate process should be something you do immediately.  Deciding what to do with the house is dependent on whether the decedent left a will behind or died intestate (without a will). If the decedent left a will, then it is a simple matter of disposing of the house as stipulated in the will. If there was no will, however, you have the legal authority to decide what to do with the house since you are the administrator. However, you might want to consider having a meeting with the beneficiaries to get a feel of what they would prefer.

Let us help make things easier for you

As executor or administrator of a loved one's estate, the responsibilities can be overwhelming, and the possibility of facing complications high. Avoid these complications by getting the services of a New York estate attorney early in the process. Speak with estate Attorney Jimmy Wagner on 800-571-8062 today.