“What do I need to do now?”
That is a question you might ask yourself after the death of a loved one—and for good reason. There are often a lot of issues to consider and steps to take.
The following list may help you and/or others during this difficult and stressful time. Not all of the points will apply in all cases, but many of them may.
Probate is a legal process in which the will of the deceased person is validated and administered.
Wills often name an executor or personal representative which can be an individual, group of individuals, one or more institutions, or a combination of the aforementioned, who is responsible for the administration of the estate.
The personal representative is responsible for collecting the assets and reporting the amount of assets to the court.
Then, after paying debts, expenses, and taxes, the executor distributes the assets according to the will. Once the personal representative has correctly accounted for and distributed the assets, the executor is discharged.
If there is no will or trust document and there are sufficient assets to probate, then the court will appoint an administrator, and the assets will be distributed according to state law.
In these cases, the process of administration is essentially the same, except that state law determines to whom the assets are distributed.
Remember that the death of a loved one is stressful, and disputes can erupt between the deceased person’s family and friends, who may be irritable and have frazzled nerves. So, be careful not to create schisms that could last for a long time.
When accessing a loved one’s safe deposit box, it is important to take certain steps to make the process easier. Keep in mind that any joint box renter must be present when the box is opened and will have equal, and unrestricted, access to the box. Having a joint box renter is a simple way to avoid having issues when one of the box renters dies.
To avoid confusion, speak directly with the manager of the bank, credit union, post office or other institution where the box is located about the facility’s rules and regulations to avoid confusion. Be sure to ask them about their rental agreement stipulations and legal requirements.
In order to gain access to a deceased safe deposit box, you will need to present a death certificate and an executor’s letters testamentary. These forms are required to prove legal rights to the box. Also, be prepared to provide a copy of the rental agreement and photo identification. An employee of the facility will then take the necessary steps to grant you access to the box.
If the spouse of the deceased is alive, he or she may visit the facility and get unrestricted access to the box, provided he or she is able to present a death certificate. A marriage certificate may also be required. In states that recognize common-law marriage, proof that the relationship was valid during the entire time that the state recognized common-law marriage may suffice for access.
Check with the state’s unclaimed property office to ensure proper compliance with all rules and regulations. Some states allow box renters to designate specific people who may access the box and its contents in the event of their death.
States without safe deposit laws generally rely on the facilities’ rental contracts to cover the specifics of what happens to boxes and their contents when renters die. Simply having a power of attorney will not be enough to designate and earn access to a safe deposit box.
To avoid any issues with access to the safe deposit box after a loved one dies, make sure he or she has information about where the safe deposit box is located, how to access it, and who can access it in a will.
Without this information, ensuring the items in the box get to where they should be may present a hassle for the family members. If there is no will, make sure another trusted individual has the appropriate information to access the box in the event of death.
The easiest way to handle accessing a deceased person’s safe deposit box is to ensure the appropriate information is available to the beneficiary.
Read more about accessing a deceased loved one’s safe deposit box.
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Hightower Great Lakes is a group comprised of investment professionals registered with Hightower Advisors, LLC, an SEC registered investment adviser. Some investment professionals may also be registered with Hightower Securities, LLC (member FINRA and SIPC). Advisory services are offered through Hightower Advisors, LLC. Securities are offered through Hightower Securities, LLC.
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