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What do I do when: My Parent Dies?

November 30, 2016

The loss of a parent can be a very difficult time.  However there are three things you can and should do that will ease the (legal) process.

 

1. Prepare.  The best thing you can do is to talk with your parent(s) prior to them becoming sick and discussing their wishes and intent.  Ask where they keep important paperwork, like a Will, financial documents, title to real estate, social security cards, etc.  If this is all kept in a safety deposit box at a bank, make sure more than one person has access to those documents.

 

2. Discuss.  It is also important here to really understand what your parent would like to see happen to themselves and to their property.  Do they want in-home hospice care?   What are their terminal care instructions?  Do they have a Will?  Do they want a specific grandchild/niece/nephew to have their ring or baseball card collection?  Having a family meeting to discuss issues like these can be difficult, but it always helps with future tasks (like when you have to find their Will or dispense the baseball card collection).

 

In addition to talking with your parent(s) about their wishes, it is equally important to talk to siblings, family, and important friends about their expectations and role.  It is important to know if your mom or dad has named someone other than a child as their personal representative, or executor, of their estate.  If one sibling assumes mom and dad have millions in assets, but in reality, they do not, it is important that everyone is on the same page prior to a death so there are not accusations of theft or mishandling of funds.  Communication about finances with family is never easy, but open, honest, and clear communication can make all the difference after death.

 

3. Act.  Now that you have collected (or tried to collect) important documents and talked with family members and loved ones, it is time to act.  This is the time to call a probate attorney in your area and set up an initial consultation.  Not all estates need to go through the probate process.  An experienced probate attorney can discuss options and help you to navigate the estate administration and probate process.  Even if a probate is unnecessary, there are often still legal documents that need to be drafted and filed to transfer assets.  An attorney can help with that.  If a probate is necessary an attorney can help you through the process, which can be quite involved.  You can read about the probate process in Minnesota from meeting with an attorney, to what the Personal Representative does, to drafting the initial documents, probate hearing, estate administration, and finally closing the estate.

 

If your parent has recently died and you have questions about the probate process in Minnesota, contact Claire Tralle to set up a free initial phone consultation.