(This is not a how to do a funeral question). My question is asking what comes next for paperwork, with the memory care residence, the state, etc. She herself will be sent to the local cremation society and I will deal with her remains later. There will be no funeral immediately, as this state is not her home.
I assume somebody signs a death certificate and will get back to me so I can do whatever steps there are to close out her accounts, etc. There will be no "estate" to probate because she will likely be on Medicaid by then and have no assets at all.
- get at least a dz death certificates. The FH should order these for you. Every policy, account will need an original to close and you will not get them back.
- is mom now on Medicaid? or will likely be? Then whomever is on file for her for the program will get an "intent to file a claim" letter from her states MERP (Medicaid Estate Recovery Program). Which will need to be responded to. How that runs depends on your state as each state runs it's Medicaid & MERP program uniquely based on their state laws. Like some states have MERP as a equal placement lien & other states have it as a claim.
- do you live in the same state as mom? This could make a huge difference as some states do NOT allow an out of state resident to deal with the settlement of their estate. You can be the executrix if so indicated in their will but will need an in the state attorney to be the agent for the estate. You need to clearly find out just how your mom's state does this. My mom is in TX but I'm in LA and my mom's probate guy will be in TX as required by state law. (He actually has had my mom's file, will, codicil, etc as he clerked for my mom's estate attorney (now retired) ages ago when she did her paperwork back in the 90's and he's moved her file with him as he had gone on to other firms…..funny & fortunate).
- if there is a home, you need to decide what approach to take. If you live out of state, then I'd suggest either you get a property management company to look out for the home OR a family member you can entrust to do this OR a really good neighbor - and they all get paid to do this. My mom's empty house is looked at by a neighbor and it works well as no family drama and they are able to have their kids park in my mom's driveway & check on mom's mail each day, so it's a win for all of us. Also if there still is a house, please try to start getting rid of clutter and useless items each visit you do.
So I bettr have a locksmith out there and change garage door code right after someone passes.
She had no Will that we could find, so we had to go to court and I was appointed fiduciary, since she had bills to pay and a small amount of money. Having a Will naming an Executor is very important to deal with banks.
PhilWhi: The Guardian has no say after death. At that point the Executor is in charge of paying the bills first, and that requires waiting for all bills to come in. Here in NY I was told to wait 7 months before I distribute any funds.
Even though the estate was so small it did not need probate, I did need the advice of a lawyer about what order to pay bills in, and I did not know that I had to wait for 7 months before distributing what was left.
Good legal advice is important!
They will also contact Social Security and Medicare (if she was enrolled) to let them know of the death for tax purposes and their records.
You can request for as many copies of the death certificate as you need from the funeral home.
Get more death certificates than you think you'll need, as any additional copies need to be ordered and paid for.
When you receive the death certificates, contact all of your Mom's financial institutions; banks, credit unions, and credit cards, and let them know that your Mom passed away, and send them a copy of the death certificate if needed.
Talk to your tax preparer, and let them know so that they can prepare a final tax statement for your Mom for this year, to avoid IRS complications.
I am planning ahead to make sure I have what I will need in the future - whether it's next week or in 10 years.
I planned ahead for a long time before I moved mom in 2013 - that's just who I am. I'm a planner.
Make certain the will is filed with the probate court.
Make certain the property is locked up and only the executor has key.
Have a good lawyer to help you if your executor.
I lost one of my sisters a year or so ago.
Her daughter used cremation services.
No will was filed with court
Daughter has no public contact information, no phone, no address.
All we have is the Internet notice of her passing.
Town where she lived is of zero help
All we know is she died.
My brother inlaw died in New Hampshire his executor lives in Mass. so NH required a NH lawyer be the exceutor.
I have the "body" part of the plan put together already. The cremation society will pick her up, cremate her, and return the remains to me. I'll probably have some mementos made to send back to her family.
I'm really lost about what to do to get a death certificate and what to do with it when I have it! I picture a tsunami of paperwork no matter what.