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When Death Occurs
Regardless of the hour, call Mike or Linda Brooks as
soon as possible after death occurs. They will answer any questions you may have
and handle every detail of your desired funeral arrangements in a knowledgeable,
professional manner.
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Preplanning
The best way to ensure that one's wishes are carried out is to make arrangements
in advance. Families are more at ease at the time death occurs, knowing their
loved one's wishes are already in place.
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Brooks Funeral Home 845-561-8300
Brooks Funeral Home created this page to assist you in
answering some questions you might have.
Frequently Asked Questions: Life Insurance. Veterans
Benefits. Social Security Benefits. Use of death certificate. Health insurance
plans. Motor vehicle. Banking. Thank you cards. Taxes. Medicare benefits.
Pension and employee group plans.
Over the next several months there will be many details concerning the
settling of the estate that you will want to keep track of. We suggest that you
write everything down, take notes, and leave very little to memory during this
stressful time. This section will cover issues dealing with:
* Life Insurance
* Veterans Benefits
* Social Security Benefits
* Use of Death Certificates
* Health Insurance Plans
* Motor Vehicles
* Banking
* Thank You Cards
* Taxes
* Medicare Benefits
* Pension and Employee Group Plans
 Life
Insurance
We can assist you by notifying the companies with whom the deceased was insured,
obtaining claim forms and helping to complete them. We will need the original
insurance policy or notice showing the policy number(s), name of beneficiary,
and a death certificate to process the claims. Life Insurance, Group Insurance
(obtained through an employer) Fraternal and Civic organizations, Credit Cards
Insurance, Credit Life Insurance (in conjunction with mortgages, deeds of trust,
personal loans); Car Insurance, Homeowners Policy and Government Life Insurance.
Veterans Benefits
If the deceased was a veteran, benefits including partial reimbursement of
burial expenses, American Flag, educational and monetary assistance for
dependents, government marker for the cemetery, and more may be available. Some
of these benefits require meeting certain eligibility requirements. A Veterans
Administrator can assist you in applying for benefits. They will need a copy of
the death certificate, Social Security number, service number, copy of paid
itemized funeral statement and discharge papers. The telephone number to the
local agency is (845) 291-2470.
Social Security Benefits
Social Security Survivors Insurance can provide death benefits to the surviving
spouse, unmarried children, up to 18, and other, if the deceased was ever
employed under Social Security. In addition, to possible monthly benefits, a
one-time lump-sum death payment may be available. As part of our service to you,
we file the Social Security Form SSA-721 "Statement of Death By a Funeral
Director" for you. This is a special form and does not require a death
certificate. Upon receipt, Social Security, will contact you, usually by
telephone. Among the things they may ask you or need would be: your Social
Security number, the decedent's Social Security number, proof of age, proof of
marriage, children's birth certificates and Social Security recent tax year, and
proof of support if you are applying for benefits as a dependent parent or
grandchildren of the deceased worker. Benefits mailed to the deceased during the
month in which the death occurs and thereafter, must be returned. The local
telephone number is (845) 565-7041.
The following information have been designed to assist you at the time of death
with the many details that need to be discussed and taken care of in a
relatively timely manner. We hope that this information is helpful to you, and
if there is anything that is not covered and you have questions about, please
feel free to contact us and we will attempt to assist you in every way.
Uses of a Death Certificate
Even though there has been a great simplification of estate tax laws, many
procedures do need to be followed. They are:
1. The surviving spouse in most circumstances receives most assets tax free.
There are some restrictions that may apply, but most restrictions have to do
with the size of the estate.
2. Heirs to an estate, when there is no surviving spouse, could have significant
tax consequences.
3. If an estate is valued below $10,000.00, Small Claims Forms may be presented
to the Surrogate's Court.
Competent legal & tax advice should be sought to avoid any possible
complications. Some things that constitute an estate are: personal belongings,
real estate, stocks, bonds, bank accounts, collectibles, etc. Most times, an
estate does not include insurance.
Certified copies of the death certificates are generally needed for:
* Insurance
* Bank Account, including certificates of deposit, money markets, etc.
* Stocks, bonds, investments
* Real Estate (if selling or transferring deed) a surviving spouse does not have
to change deed
* Automobile (to sell or transfer title)
* Veterans benefits (paid for by Veteran's Agency)
* U.S. Government Form SSA 721 is used in lieu of a death certificate when
filing for Social Security Benefits
* Other personal property with titles (recreational vehicles, boats, etc) when
selling or transferring title
* Employers that offer death/survivor benefits
Note: A safe deposit box remains sealed until examiner is present.
Health Insurance Plans
If you were covered under the decedents' group health plan, you will need to
inquire whether or not you can remain on that plan or if you will need to get
your own coverage. All medical bills should be submitted as soon as possible for
payments. In addition, you should check to see if there is a refund of premium
due you.
Motor Vehicles
New York State procedures concerning the transfer of titled vehicles, including
cars, motor homes, mobile home, trailers and boats can be obtained through your
local Motor Vehicle Department. Generally you will need title, registration, and
insurance card.
Banking
You should be aware that in most cases, once a bank learns of a death through
notices, or personal contact, all safe deposit boxes of the deceased are sealed.
Unless you are a surviving spouse, all accounts which are in the deceased's
name, will need to be accessed by the executor of the estate. In New York State
a surviving spouse can access an account up to a particular dollar limit,
regardless as to whether the account was held jointly with the surviving spouse
or held in the name of the deceased only. Jointly held accounts can be accessed
as usual. You should confer with appropriate bank officers regarding
transactions of the decedent.
Thank You Cards
It is appropriate to send thank you cards within a week or two after the service
in thanks for flowers, masses, spiritual bouquets, donations or other acts of
kindness. Sympathy cards or calls made at home or at the funeral home do not
usually require a formal response. Pallbearers may be thanked for their special
service. We provide you with personalized thank you cards.
Taxes
A husband and wife can generally file a joint federal income tax return even if
one of them dies during the year. All the income from jointly owned assets
should be included on the return. If an estate account is set up for separately
owned property the estate will file its own return.
Generally speaking, except for income earned after the date of death, money and
property gotten from the estate is not taxable to the recipient. If taxable
income is paid to someone from an estate, the estate will issue a "Schedule K-1"
form telling the recipient of that fact and the amount which must be included on
the recipients tax return. Your lawyers or accountant is the best source of
information about taxes.
If you are a surviving spouse and over age 64, additional benefits may be
available through Supplemental Security Income Program (SSI). If Social Security
does not contact you within three weeks, please call them at 1-800-7721213.
Medicare Benefits
All outstanding medical bills received for a qualified Medicare recipient should
be filed. Your local Social Security office can assist you in filing Medicare
Documents.
Pension and Employee Group Plans
If the deceased participated in a pension plan, profit sharing or stock purchase
plan, credit union or donation type plan, you will need to contact his or her
employer. Again, we can assist you with this by making telephone calls or
writing letters on your behalf. Some of the plans include survivor benefits and
possible lump-sum death benefits as well as retirement income.
Cremation: What is Cremation? Can there be services or
ceremonies when cremation is chosen? What cost are involved? How does a funeral
service professional help in making arrangements?
What is Cremation?
The practice of cremation dates back to ancient times. Today it is more common
in western Europe and Japan than in the United States and Canada. However, the
number of people in the U.S. and Canada selecting cremation as the form of final
disposition has risen significantly during the past few years.
Since you're thinking about cremation, you may want to know more about the
process and the many services available to you. It is simple the process of
reducing the body to bone fragments through the application of intense heat.
Over a period of two to three hours the body is transformed to a state of small
skeletal fragments, not fine ash as some people believe. The cremated remains of
an average adult weigh from three to seven pounds. They are generally placed in
a small cardboard box or other temporary container by the crematory until the
decision as to final disposition of the cremated remains is decided.
Can There Be Services or Ceremonies When Cremation Is Chosen?
Certainly. Cremation does not limit your choices, but increases the options
available to you. It in no way eliminated a funeral. Prior to the cremation
there may be a visitation and/or funeral ceremony with the casketed body
present. If a ceremony or service is conducted following cremation, the
receptacle containing the cremated remains may take a place of prominence. This
receptacle is most commonly an urn, which is taken to its final resting place
following this ceremony.
Regardless of the order of events, it is for the benefit of the living that
arrangements for a ceremony are made. Viewing the body of deceased can help
bereaved persons begin to overcome grief by more readily accepting the fact that
a death has occurred. Funeral ceremonies also have value in offering family and
friends an opportunity to honor their loved one.
Today, funeral arrangements are as individual as the persons for whom and by
whom they are made. A ceremony may be individualized to reflect a specific
interest or hobby of the deceased. It may highlight one's occupation or ethnic
background and therefore, hold special meaning for those present.
The funeral ceremony is not unlike other ceremonies that distinguish our lives.
Baptisms, graduations, weddings and such all serve to recognize a significant
event in a person's life. The funeral ceremony likewise recognizes the final
event in a person's life and offers loved ones a chance to say a last goodbye.
What Choices Are Available For Final Disposition Of Cremated Remains?
The decision regarding final disposition of cremated remains is usually
influenced by the type of memorialization desired. Just as ceremonies offer
value to the living, so does establishing a permanent memorial. It serves as a
focal point for the remembrance of a loved one and can help in overcoming grief.
Usually cremated remains are placed in some type of permanent receptacle or
memorial urn before being committed to a final resting place. The urn can be
buried in a family plot or urn garden, where a marker or headstone may be used
to mark the site. Sometimes the urn is kept in the home. The urn can also be
placed in a memorial niche at a cemetery, where it may be viewed through a
protective glass or sealed behind a memorial plaque.
Some cemeteries have special gardens where cremated remains may be scattered. In
areas where it is permitted by law, cremated remains may be scattered over land
or water. However, this decision should be carefully considered. Although the
act of scattering over land or water may have some romantic appeal, it is an
irreversible decision. If no permanent memorial site is established, survivors
may later experience regret, feeling that the bond is forever broken. The
emotional value of establishing a permanent memorial site is worthy of
consideration. It might also be possible to plant a tree or flowers in a
significant place to serve as a memorial to the loved one who died.
What Costs Are Involved?
Costs vary somewhat from region to region and according to the type of services
that are used. Funeral services are like anything else; the more elaborate the
arrangement, the more they will cost. They can range from several hundred to
several thousand dollars. Local customs which affect demand for the availability
of facilities and services have an influence on cost.
Other factors affecting cost include the type of service or ceremony conducted,
the choice of cremation casket or container, the selection of a memorial urn and
the form of memorialization.
Most crematories require a closed container to protect the health of operators
and for the dignity of the deceased. There are many cremation caskets and
containers from which to choose. A popular choice is a hardwood casket, suitable
for cremation and for ceremonies prior to the cremation. In some areas, where
accepted by the crematory, metal caskets are chosen as well. In addition to fine
hardwoods and metal caskets, minimum containers made of cardboard or particle
board are also available. Cremation caskets and containers costs will vary
according to the materials used and designs selected. Likewise, memorial urns
will vary in cost. Urns made from a variety of materials including bronze and
various species of wood. Occasionally, other materials are used, such as
ceramic.
All aspects of funeral arrangements are a combination of personal preference and
financial circumstances. Your funeral service professional can provide detailed
information on all of the available options along with specific costs for each.
He or she can also explain legal requirements and be sure all the proper forms
are completed.
How Does A Funeral Service Professional Help In Making Arrangements?
A funeral service professional is trained to assist with every detail of making
funeral and cremation arrangements. This includes offering advice and guidance
throughout the decision-making process, answering questions about local customs
and costs, assuring that legal requirements are met, and providing whatever
equipment, facilities, and technical services are necessary or desired. A
qualified funeral service professional is prepared to carry out the wishes of
his or her clientele with understanding and consideration for everyone
concerned.
When it is practical or possible, making funeral arrangements in advance can
provide the peace of mind that all details have been taken care of in a way that
is satisfying to oneself and one's survivors. A family discussion combined with
the counsel of a funeral service professional can assure that everyone involved
feels comfortable with the arrangements. Certainly we all would prefer that our
loved ones be able to say afterward, "I'm glad we did" rather than "I wish we
had." Preplanning can help accomplish this goal.
Today, making any kind of funeral arrangements involves many choices and
decisions. It is helpful to consider all the options and take time to ask
questions before making final decisions about such an important event. It is the
intent of the funeral service professional to help make the entire experience as
positive as possible.
Veteran's Section: Important documents needed for VA claims.
Who is eligible for military funeral honors. What is military funeral honors.
How do I establish Veteran eligibility. What can the family of an eligible
Veteran expect. What is a Presidential Certificate. How do I request a grave
marker. How much notice should be provided for the honors request. Orange County
Veterans Memorial. Contact agencies.
Honoring Those Who Served
Important Documents Needed for VA Claims and other Personal Affair Matters
- Death Certificate - Funeral Director will provide original copy.
Normally there is a charge for each additional copy
- Birth Certificate of Veteran
- Burial Plot Deed for private cemetery funerals
- Military Separation Certificate (DD-214)
- Copies of Discharge Papers
- Award of Disability Compensation or Pension Document
- SGLI or other Government Insurance Policies
- Marriage Certificate(s)
- Birth Certificates for Dependents
- Adoption Papers for Dependents
- Death Certificate (Previous Spouse)
- Divorce Papers
Who is eligible for
Military Funeral Honors?
- Military members on active duty or in
the Selected Reserve.
- Former military members who served on active duty and departed under
conditions other than dishonorable.
- Former military members who completed at least one term of enlistment or
period of initial obligated service in the Selected Reserve and departed under
conditions other than dishonorable.
- Former military members discharged from the Selected Reserve due to a
disability incurred or aggravated in the line of duty.
- Any person separated from the Armed Forces under dishonorable conditions or
whose character of service results in a bar to veteran’s benefits.
- Any person who was ordered to report to an induction station, but was not
actually inducted into military service.
- Any person discharged from the Selected Reserve prior to completing one term
of enlistment or period of initial obligated service for reasons other than a
disability incurred or aggravated in the line of duty.
- Any person convicted of a Federal or State capital crime sentenced to death or
life imprisonment.
What is Military
Funeral Honors?
Military Funeral Honors have always been
provided whenever possible. However, the law now mandates the rendering of
Military Funeral Honors for an eligible veteran if requested by the family.
As
provided by law, an honor guard detail for the burial of an eligible veteran
shall consist of not less than two members of the Armed Forces. One member of
the detail shall be a representative of the parent Service of the deceased
veteran. The honor detail will, at a minimum, perform a ceremony that includes
the folding and presenting of the American flag to the next of kin and the
playing of Taps. Taps will be played by a bugler, if available, or by electronic
recording. Today, there are so few buglers available that the Military Services
often cannot provide one.
How do I establish
veteran eligibility?
The preferred method is the DD Form 214,
Certificate of Release or Discharge from Active Duty. If the DD Form 214 is not
available, any discharge document showing other than dishonorable service can be
used. The DD Form 214 may be obtained by filling out a Standard Form 180 and
sending it to:
National
Personnel Records Center (NPRC)
9700 Page
Blvd.
St. Louis, MO
63132
The Standard Form 180 may be obtained from the National Records Center or via
the Internet at:
www.nara.gov/publications/forms/sf180a.pdf
What can the family of
an eligible veteran expect?
The core elements of the funeral honors
ceremony, which will be conducted on request, include:...
- Flag folding
- Flag presentation
- Playing of Taps
The veteran’s parent Service representative will present the flag.
What is a Presidential
Memorial Certificate? Who is eligible to receive this certificate? How does the
family obtain this certificate?
The family may request a Presidential
Memorial Certificate either in person at any VA regional office or by U.S. mail.
Requests cannot be sent via email. There is no form to fill out when requesting
the certificate. If requesting by mail, a return address and a copy of the
veteran's discharge documents must be enclosed. Send requests to:
U.S.
Department of Veterans Affairs
National
Cemetery Administration (403A)
810 Vermont
Ave., NW
Washington,
DC 20420
More information available at :
www.cem.va.gov/pmc.htm
How do I request a
grave marker?
Your funeral director will assist you or
if you have questions about grave markers, family members can write to the VA
at:
Memorial
Programs Service (403)
Department of
Veterans Affairs
810 Vermont
Ave., NW
Washington,
DC 20420
More information available at :
www.cem.va.gov/hmorder.htm
How much notice should
be provided for the honors request?
The Services requests at least 48 hours
in order to organize the funeral honors detail.
Occasionally, the family does not choose to have a military presence at the
funeral, but does request presentation of the American flag by the funeral
director. A United States flag drapes the casket of deceased veterans to
honor the memory of their service to the country. The ceremonial folding
and presentation of that flag is a moving tribute of lasting import to the
veteran's family.
The flag is placed so the union blue field is at the head and over the left
shoulder of the deceased. After Taps has been played, the flag is
carefully folded into the symbolic tri-cornered shape. It is then
presented as a keepsake to the next of kin or an appropriate family member.
Orange County Veterans Memorial
111
Craigville Road, Goshen New York 10924
(845) 291-2470
Basic Eligibility
1. Any veteran of the United States
Armed Forces who served active duty and was discharged under other than
dishonorable conditions. Such veterans must have been either:
a). A permanent resident of Orange
County at the time of entry into active duty or,
b). A permanent resident of Orange County at the time of death or,
c). A permanent resident of Orange County at the time of full payment of
plot.
2. The legally married spouse and or
dependent child of a veteran, as defined above.
3. Gold Star Parents. The parents
of a veteran who lost his or her life as a result of active engagement in
combat.
Note: "Permanent Resident"
shall mean a person who resides in the County of Orange at lease 183 out of the
immediately past 365 days. (Local Law NO. 1 of 2000)
Documents Required to
Purchase a Plot
A copy of the veteran's military separation
record.
A copy of the death certificate of the
veteran and spouse, if deceased.
Proof of current Orange County residency
(unless military separation record indicates veteran was a resident at the
time of service)
A check or money order for the appropriate
amount made out to the Commissioner of Finance.
Note: Other documents may be required
depending on circumstances.
Useful Contact
Agencies
(As of May 1,
2002)
Orange County Agencies:
Orange County Veterans Service Agency
111
Craigville Road
Goshen New York 10924
845-291-2470
New York State Division of VA
Suite #7, 290 Broadway
Newburgh, New York 12550
State Veterans Counselor
845-562-1446
Hudson Valley VA Medical
Castle Point Campus
Castle Point, New York 12511
845-831-2000
Social Security Administration
3 Washington Center
Newburgh, New York 12550
800-772-1213
Ulster County Agencies:
Ulster County Veterans Service Agency
308 Flatbush Avenue
Kingston, New York 12401
845-340-3190
New York State Division of VA
P.O. Box 1800
Kingston, New York 12402
845-340-3190
Social Security Administration
781 Broadway
Kingston, New York 12401
800-772-1213
Department of Veterans Affairs:
Regional Office
245 W. Houston Street
New York, New York 10014
800-827-1000
Firing Squad and Bugler
United States Military Academy
West Point, New York 10996
845-938-2006
Firing Squad
"B Battery, 1/156th Field Artillery
New York State Armory
355 South William Street
Newburgh, New York 12550
845-569-9611
National Cemetery
Office of Public and Consumer Affairs
810 Vermont Avenue, NW
Washington, D.C. 20420
800-697-6947
National Cemetery in New York State:
Bath National Cemetery and Woodlawn
VA Medical Center
San Juan Avenue
Bath, New York 14810
607-664-4853
Calverton
210 Princeton Blvd
Calverton, New York 11933
516-727-5410
Long Island National Cemetery
2040 Wellwood Avenue
Farmingdale, New York 11735
631-454-4949
Saratoga National Cemetery
200 Duell Road
Schuylerville, New York 12871
518-581-9128
Knowing What You Should Do and What Makes Mistakes to Avoid When Someone Dies:
Easing the Pain of Loss. The First Hours. The Funeral. Social Security. Veterans
benefits. Finding key documents. When there is no Will. Facing probate or
administration. Preserving debts & receiving checks.
Knowing What You Should Do and What Mistakes To Avoid When
Someone Dies
Easing The Pain of Loss
In the best of all worlds, we would know exactly what to do when someone close
dies. Our loved one would have informed us where to find instructions setting
forth funeral and burial arrangements, the location of the Will and any life
insurance policies, a list of all property and assets, and the name of the
deceased's attorney who is familiar with settling estates.
In the real world, however, such a well-ordered process almost never occurs. To
begin with, at least two-thirds of Americans die intestate -- that is without a
Will. Even where there is a Will, survivors still face months of draining work.
Yet there are ways of lightening the load.
The First Hours
In the case of an unexpected death, the body is usually sent to the hospital,
where the attending physician or a staff doctor signs the death certificate.
Autopsies are usually performed only when the death is violent, suspicious, or
its cause is unknown. The body is then sent to a funeral home selected by the
next of kin.
The funeral director, upon request, will provide five or six certified copies of
the death certificate. They are needed for such purposes as filing a life
insurance claim, transferring securities and bank accounts, and claiming
survivor's benefits. The more assets involved in the estate, the more copies you
will need.
The Funeral
The important documents are the Will and any life insurance policies. The Will
sometimes specifies the desired burial arrangements and type of service, and the
executor named in the Will should be responsible for the arrangements, since he
or she will become responsible for paying the bill from the estate's assets.
Life insurance usually covers the cost of burial and ceremonies. Most insurance
companies pay benefits within 10 business days after receiving a claim and a
death certificate.
Failure to leave specific instructions for the disposal of the body can cause
emotional as well as financial pain. The surviving spouse, if there is one, or
the next closest blood relatives have all the rights; an unmarried co-habitating
survivor has virtually no legal rights, from the funeral to the disposition of
the deceased's property, in New York State. Even when there is a blood
connection, the failure to leave specific instructions for the disposal of the
body can lead to problems, such as when there is no surviving spouse and
children disagree over burial and cremation.
Under federal law, funeral homes must provide an itemized of all costs. While
these expenses may not be able to be paid immediately, funeral directors ask the
principal survivor to assure in writing the costs of burial, pledging future
assets or income from the estate to cover the bill. If you are asked to
guarantee the burial costs, you will be reimbursed when the estate is probated
provided there are sufficient funds in the estate to pay for the funeral costs.
Social Security
If the deceased was eligible for social security, the following benefits become
payable upon death:
1. A single lump sum death payment to either the surviving spouse living in the
same household, or to individuals entitled to monthly survivor's benefits on the
decease's account.
2. A life pension to the surviving spouse who has reached ago 60 or, if
disabled, age 50. A surviving divorced spouse may be eligible for monthly
benefits at age 60 if married to deceased more than 10 years.
3. A surviving spouse under the age of 60, if disabled, is entitled to a pension
if there are minor children.
4. A pension to minor children.
5. A pension to surviving dependent parents.
The nearest Social Security district office is the place to file a claim. There
you will receive, free of charge, any help you need in making out the claim
papers. If, because of illness or distance, you are unable to go to the Social
Security office in person, you may write or telephone the nearest Social
Security office for assistance.
The Social Security office will require:
1. Death certificates.
2. Deceased's Social Security card.
3. Copy of marriage certificates.
4. Birth Certificates.
5. Employment record of the deceased for the past twenty-four (24) months.
Veteran's Benefits
If the deceased was an honorably U.S. war veteran, or a veteran of peacetime
military service who was honorably discharged because of disability incurred in
the line of duty, the U.S. Government provides:
1. Upon application by a relative or by the funeral director, an American flag
with which to drape the casket. After burial, the flag will be given to the next
of kin.
2. A removal allowance if death occurs in a V.A. hospital. An additional burial
allowance is allowed to all veterans who at the time of death are receiving, or
are entitled to receive, disability compensation, and to all veterans who are
receiving, or entitled to receive, a pension. If death is service connected, an
additional financial allowance is provided.
3. A veteran's marker for the veteran's grave.
4. In some instances, pensions are provided to the widow and minor children of
the veteran.
Application and information for filing claims should be obtained from the
nearest Veterans facility or by writing to the Veterans Administration,
Washington, D.C.
Similar benefits are available for service in the New York State National Guard.
Information and application should be obtained from the New York State Division
of Veteran's Affairs.
In making the application you will need an itemized, receipted funeral bill, the
veteran's discharge papers, and a certified copy of the death certificates. If
the applicant is the widow of the veteran, a copy of the marriage certificates
and birth records of minor children of the veteran should also be provided.
Finding Key Documents
Where do you search for a Will or a life insurance policy you suspect exists but
you can't discover? Start with the deceased's checkbook. Are there any checks
made out to lawyers or to insurance companies? Then look at the deceased's
address book. Next, speak with close friends who might know the person's
attorney or insurance agent. Check with local banks to see whether there is a
safe-deposit box. In New York State, safe-deposit boxes are sealed at death and
can only be opened by the Surrogate's Court.
For life insurance, ask the employer first, since almost half of the insurance
is paid under group plans. If you suspect there was an individual policy, we are
able to track down policies written by many insurance companies through a
simplified procedure. If the deceased was a Veteran, you should check for
government life insurance. Your attorney can effectively assist you in
discovering and obtaining the proceeds of government life insurance.
Wills may also be filed with the County Surrogate's Court for safekeeping,
although most intentionally are not. As a last step, you may be forced to
advertise in a local newspaper or a publication of the local bar association to
inquire about the existence of a Will. If you have no success after about a
month of detective work, you will probably have to assume that the person died
without a Will.
When There is No Will
If the deceased dies intestate, the deceased's nearest relative - often a
surviving spouse - should petition the Surrogate's Court to request being named
administrator of the estate. The administrator performs the same tasks as an
executor under a Will. Without a Will, however, the deceased's assets must be
disbursed according to the laws and statutes of intestacy. Through these laws,
spouse's children, parents and siblings are beneficiaries, through the division
of assets among them frequently differs. For instance, a surviving spouse
without children must share the deceased's estate with the parents of the
deceased.
Facing Probate or Administration
Probate or administration begins when the Will's executor or proposed
administrator petitions the Surrogate's Court, together with providing a number
of other documents. Once the executor or administrator (collectively called the
"personal representative") has been appointed, he or she must make an inventory
of all assets and an appraisal, unless the value of an asset is readily
ascertainable, and may then begin to manage the estate actively. This may
include trading the deceased's portfolio of stocks, collecting rents and
mortgages, managing property, and selling real estate. Meanwhile, your attorney
will set about notifying beneficiaries and identifying heirs, reviewing
creditor's claims, and determining inheritance taxes. You should expect all of
this to take at least six months or substantially longer if the estate is
complicated or the courts are busy.
Preserving Property
If the deceased lived alone and you are the personal representative, you may
have to close up the residence. You also will have to notify the post office of
the death and provide a forwarding address for mail. You should continue paying
mortgages, property and liability insurance, and utility bills out of the
estate. Check to see if there is credit life insurance on the house, which would
pay off the mortgage. Customarily, credit life insurance documents are kept with
the deceased's copies of the deed and mortgage; if this is unproductive, contact
the mortgage lender. If you are a co-owner of the house, your should pay these
costs because the property you are protecting is your own. If you are a personal
representative or simply the closest friend or relative available, you may
expect to inherit the property or be reimbursed by the estate.
You would also lock up the deceased's automobile and allow no
one to drive it. If someone has an accident while driving the car, resulting in
damage greater than the deceased's liability coverage, there can be claims
against the estate's assets. That could deprive heirs of simple - or even all -
of their inheritance. New York State, however, provides a simple mechanism for
transferring an automobile into a survivor's name. Also, if the car is
relatively new, check to see if the deceased purchased credit life insurance to
pay off the car loan. The deceased's copy of the retail installment contract or
the automobile dealership will provide this information.
Paying Debts and Receiving Checks
One of the biggest mistakes survivors make is paying bills other than those
associated with the deceased's real property. Even if you have been named
executor, you are under no obligation to pay any bills of the deceased out of
your own pocket unless the debts are also in your name. If you are named
executor in the Will and there is cash available from life insurance policy or
joint checking accounts, for example, the estate can pay whatever credit card,
finance or bank or loan payments are outstanding. Otherwise, interest on these
bills will continue to accumulate. The decisions, however, is up to the executor
as to whether such bills should be paid immediately or out of probate funds.
During probate creditors' claims are settled and the court decides which claims
are collectible and the extent of the probate assets available for the payment
of debts. The personal representative should, however, notify known creditors by
letter of a person's death when the estate is entered into probate or
administration.
If a check is written on the assumption that the person is still living, as with
salaries, pensions or social security, the next of kin or executor should notify
the issuer and await further instructions since they may have to be returned. If
checks are income from property, such as dividends in a checking account that is
specifically titled "The Estate of . . . . . . ". It is the personal
representative's responsibility to open such an account.
Special thanks to the Werner & Saffioti Attorneys-At-Law, 419 Route 9W,
Newburgh, New York, (845) 562-3500 for providing this information.
Estate Planning: What is Estate Planning? What happens if you do not leave a
Will? What a Will accomplishes? Preparing your Will. Facts you should know about
a Will. Where to keep your Will. Trusts.
What is Estate Planning
Estate Planning is simply a matter of making sure that when you die the right
people receive the right things in the right amounts at the right time, and to
minimize the expenses and taxes owed by your estate.
To achieve these goals, everyone needs at least a simple Will. If, however, you
answer yes to any of the questions below, you may need more than a simple Will
and, in any case, you may wish to have your estate plan reviewed.
Is your current Will several years old?
Have any of your heirs died, divorced or remarried?
Have you had a child or adopted a child since your plan was reviewed?
Have you had a grandchild?
Have you been divorced or remarried?
Are your assets, including your home, business, life insurance, IRA, and
pension, worth more than $108,000.00?
Do you own a large, non-liquid asset, such as a business or a farm? If so, are
you concerned about providing for your spouse while passing the business on to
your children?
If you own one large indivisible asset and have more than one heir are you
concerned about giving each a fair share?
Do you own rapidly appreciating assets?
Do you own property in a state other than your state of residence?
Have you bought, inherited, or given away substantial property?
If you Don't Leave A Will
You can't direct who will get your property. It will be distributed by law,
which is inflexible, and cannot take into account your wishes of your family's
needs. Part of your property will go to your children -- not all to your wife or
husband as you might suppose; or part may go to relatives whom you barely know
or don't like very much. Someone for whom you wish to provide, and who needs
help, may get less than he or she needs, or even nothing.
Your estate will be settled by a court-appointed administrator. You can't be
sure who this will be. It may be a relative in whose business judgment you have
no confidence, or with whom your family doesn't get along very well.
The administrator must furnish a bond as security for the faithful performance
of his or her duties. The cost of the bond will be charged against your estate.
Your estate must be settled in accordance with strict legal procedures. This may
mean a quick forced sale, at an unfavorable time, of valuable business interests
or other assets of your estate.
Each beneficiary eighteen years of age or older will receive his or her share of
your property outright. Yet, you may have reason to believe that one or more of
these individuals is too inexperienced, or not qualified in some other way, to
manage a substantial amount of property wisely and successfully.
The court will appoint a guardian to mange the share of each minor until he or
she come of age. This guardian must furnish a bond, and the cost - an annual
expense - will be charged against the minor's share. The court would also
require an annual accounting of income and expenses from the guardian.
The guardian - or the administrator - may be prevented by the pressure of his or
her own affairs, by illness, death, or other factors, from completing his or her
job. The appointment of a successor may mean confusion, delay, and extra
expense.
Your estate will be exposed to maximum shrinkage from administration costs and
taxes. As a result, your family may receive substantially less than you
expected.
What A Will Accomplishes
You can make sure that your property goes to the ones you want it to benefit,
and in the proportions and manner which will help them most. You can leave
something to persons who are not family members or relatives. You can select
contingent (alternative) beneficiaries to take the share of anyone who dies
before you do, or before receiving his or her full share.
An executor is a person named by the deceased to make sure the terms of the Will
are met. You can choose your own executor, discuss with that executor your
family's special needs and problems, and assure that your estate will be settled
by one with a sympathetic understanding of your family's situation. You can give
your executor the powers necessary to settle your estate in the most effective
and economical way.
You can authorize and empower your executor to continue the operations of your
business until it can be disposed of advantageously. No need for a quick, forces
sale at the wrong time!
By arranging for the establishment of a trust or trusts, you can protect the
interests of minor beneficiaries (thus eliminating the guardian problem), and
you can safeguard the future of adult beneficiaries. . . because under a trust,
the beneficiaries receive the income, but the capital is managed for them, so
they are protected against loss resulting from inexperience, carelessness, or
unwise spending.
You can, by careful planning, minimize the settlement costs and taxes your
estate will have to pay - and thus make sure that your family actually receives
as much as possible of what you leave.
Preparing Your Will
A good many people are inclined to feel that all they need is a very brief,
simple Will. "The shorter," they say, "the better."
The problem is none of us can foretell the future - and the unexpected happens
only too often. So unless a Will covers, as nearly as possible, all the things
that may happen, the result may be real trouble for the family concerned.
Furthermore, certain legal phrases have been used in special ways for a long
time. As a result, if your Will doesn't use those accepted legal terms, the
courts may conclude that your intentions are obscure - and that also means
trouble; it may mean that your property will not go to those for whom you
intended it.
And, finally, every Will must conform to certain legal requirements - both as to
form, and as to the manner of signing and witnessing - which vary from state to
state. So the requirements your Will must meet will depend, not only on the laws
of the state in which you live at the time of your death, but also on the laws
of each state in which you own real estate. And unless they are met exactly,
your Will may not prove effective - your plans and hopes for the future may not
be realized.
In view of this, it is dangerous for anyone who is not a lawyer to try to write
his or her own Will. After considering carefully your over-all objectives, have
your will drawn by a skilled lawyer, and have him or her supervise its signing
and witnessing.
Facts You Should Know About A Will
A Will has no force or effect until its maker dies. It does not have to be filed
or recorded anywhere before then. . . it may be revoked or rewritten at any
time. . . and only the most recent one will prevail at death.
Since a Will does not become effective immediately upon the death of its maker -
it must first be proved and admitted to probate - there are certain things which
may be well to omit from the Will.
If you have not preplanned your funeral with a funeral director of your choice,
such details as the purchase of a cemetery plot, funeral arrangements, and so
on, all require immediate attention, so it is usually better to leave them to
the discretion of the family or a trusted friend. If you have any definite plans
or ideas about these matters, you can leave a simple letter of instructions, or
an informal memorandum of your wishes, to guide them in their decisions. Many
people choose to preplan their funeral and burial arrangements in order to
relieve their loved ones from this burden.
If you follow this procedure, the fact that you don't now own
a cemetery plot, or are undecided about any of these details, will not stand in
the way of you making a Will immediately.
Where To Keep Your Will
Your signed Will is, of course a valuable document which should be kept in a
safe place where it will be readily available when needed. If it is kept at
home, there is always a possibility that something may happen to it. It may be
unintentionally destroyed, or even thrown away, by mistake, with other papers.
Some Wills hidden carefully from prying eyes, have been secreted so successfully
that they have never been found.
The best place to keep the original copy of your Will is in your attorney's
office. The reason for this is twofold. It is easily accessible, and if you
wanted to change your Will, there would be no question as to authenticity or
location.
Trusts
In some instances, as past of estate planning, a trust should be considered in
order to preserve and manage assets. There are two types of Trusts, Testamentary
Trusts and Living Trusts. A Testamentary Trust is written into a Will and
becomes effective only upon death. These primarily used for post-mortem estate
management and to help avoid estate taxes.
A Living Trust is written into a separate document other than a Will and is
effective during the deceased's lifetime. Living Trusts are useful in selected
situations.
Special thanks to the Werner & Saffioti Attorneys-At-Law, 419 Route 9W,
Newburgh, New York, (845) 562-3500 for providing this information.
Note: The content on this website is general in nature and current when written.
We urge you not to act on it without first consulting with an attorney.
Talking With Young Children About Death: from Mr. Rogers Neighborhood.
 Helping
Children with Death
Insights Into Childhood
By Fred Rogers with Barry Head
Talking About Death
As a child gets to be 4 or 5, the issue of death is likely to become a matter of
curiosity and concern. Often, a child's first concerns about death reflect his
concerns with other kinds of separations in life.
I know of one 5-year-old who began tearfully insisting to his mother that he
didn't want to grow up. "I don't have to grow up, do I?" he would ask again and
again, and his mother's matter-of-fact replies that, yes, everyone had to grow
up, didn't stem his increasing anxiety. Gradually, that boy began to talk about
what was worrying him.
At first, he said he didn't want to have to stop playing with his toys. "Well",
said his mother, "some grown-ups still have their favorite childhood toys". Then
he said he didn't want to grow up, because he didn't want to live apart from his
parents. His mother told him that he could live with them as long as he wanted.
Finally, he said he didn't want to grow up, because he didn't want to die and
leave his parents forever.
What we say to children about separation with death depends on our own beliefs
and traditions. That mother told her son, "Only our bodies die. Our souls will
be together again with God." Her son didn't ask for any further explanations or
details. As his anxiety lessened, she realized that he had heard the only word
he really cared about: together.
If we haven't thought about it before, we're very likely to be taken aback by
our children's first questions about death. Many mothers and fathers have found
it helpful to discuss with each other what they are going to say when the time
comes. Sometimes they find surprises in what their spouses believe and a
discussion about what to say to their child gives them a chance to find
something appropriate and comfortable for both of them.
There's another reason why thinking ahead can be useful. Children hear what we
say literally.
"My husband and I have taught our 3-year-old that when we die we go to Heaven,"
writes one mother. "This summer we rode through a cemetery. My little boy asked
what it was and I explained to him why they buried dead people even though I'd
said that they went to Heaven. Needless to say, there was some confusion in his
little mind!"
For many people, it's not easy to know what they believe about death and what
comes after. Thinking about it though, seems to be a necessary first step in
finding words for our children. And if we really don't know what we believe?
What then?
We need to be honest with our children, saying that we don't know...and we
sometimes wonder about it, too. We can tell our children about different
people's beliefs. If we have a relative or friend who has strong beliefs, we
could take our child to talk with that person if we feel comfortable about it.
Just being close to our children and being willing to listen to their concerns
about death — or anything else — allows them to know that they can mention
difficult things to us and we'll respect their "wonderings" and be as honest and
helpful as we know how.
©2000 Family Communications, Inc.
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