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General Information for handling deceased parents estate.

Posted on 2/24/24 at 8:06 pm
Posted by DieSmilen
My Rubbermaid Desk
Member since Dec 2007
1727 posts
Posted on 2/24/24 at 8:06 pm
My father recently passed and I am trying to make sure I handle things properly for my mom. I have met with his attorney, his insurance person and have an appointment with social security in April. Any general information that you all can provide would be greatly appreciated. I am trying to avoid any pitfalls. I am helping my mom keep an eye on her accounts and pay bills as needed. She is 92 and has a hard time remembering everything. My dad was smart enough to put almost everything on auto draft.

Thanks in advance.
Posted by TJack
BR
Member since Dec 2018
1290 posts
Posted on 2/24/24 at 8:22 pm to
ChatGPT:

I'm sorry to hear about your father's passing. It's great that you're taking proactive steps to support your mom during this time. Here are some general tips to consider:

1. **Legal Matters:** Make sure you have all necessary legal documents in order, such as wills, trusts, and power of attorney. Keep copies of these documents easily accessible.

2. **Financial Management:** Continue monitoring accounts and bill payments. Consider consolidating accounts or setting up automatic transfers to simplify management.

3. **Insurance:** Review your parents' insurance policies to understand coverage and ensure they remain active and adequate for your mom's needs.

4. **Social Security:** Attend the appointment with Social Security to understand any benefits your mom may be entitled to after your father's passing.

5. **Support Networks:** Consider reaching out to local senior centers or community organizations for additional support and resources for your mom.

6. **Emotional Support:** Don't forget to take care of yourself and your mom emotionally during this challenging time. Seek support from friends, family, or a counselor if needed.

7. **Estate Planning:** If not already done, consider discussing estate planning with an attorney to ensure your mom's wishes are documented and legally binding.

8. **Healthcare:** Ensure your mom's healthcare needs are being met and consider discussing any changes with her healthcare provider.

Remember, it's okay to ask for help and seek guidance from professionals when needed. Take things one step at a time and prioritize tasks based on urgency and importance.
Posted by CHGAR
Haile, LA
Member since Aug 2022
563 posts
Posted on 2/24/24 at 8:24 pm to
1. Mention to attorney to set all assets up as usufruct for mom. Don't want to take funds from one who needs them, unless

2. Nursing home stay looks inevitable. No reason to give half of estate to them.

3. Take care of your mother's needs, it's more important than money.

Posted by slackster
Houston
Member since Mar 2009
84750 posts
Posted on 2/24/24 at 11:00 pm to
Does he have any assets other than checking accounts and insurance accounts?

Things like a car, home, old stocks that are holding paper certificate form or with Computershare/Broadridge/AST/Equitrust, and brokerage accounts that are NOT IRAs? Also, assuming this is LA, the same question would be true for your mother. It’s very common that people ignore single accounts for the surviving spouse even though they’re likely community property. All of those accounts will go through the probate process.
Posted by DieSmilen
My Rubbermaid Desk
Member since Dec 2007
1727 posts
Posted on 2/25/24 at 7:01 am to
Based on what I see in mail. It looks like they have a total of 5 accounts. A joint checking, each a savings account, a business account (dad was an attorney), and one trust account for a single client. My mom is on all the accounts except the client trust account. There is less than $1000 in the client trust account.
Posted by KWL85
Member since Mar 2023
1129 posts
Posted on 2/25/24 at 8:03 am to
Sorry for your loss. Their financial advisor will assist if they used one. My parents had a safety deposit box at bank and at home that had info. I also went thru 12+ months of bank statements to find annual payments they were making.

We can all make this easier by keeping a financial statement up to date and make sure executor and some family are aware of it. If you don't use a financial statement, then a list of financial accounts is helpful.
Posted by SalE
At the beach
Member since Jan 2020
2403 posts
Posted on 2/25/24 at 1:58 pm to
Living Trust for your mom.
Posted by Free888
Member since Oct 2019
1602 posts
Posted on 2/25/24 at 2:58 pm to
If he has IRA’s and/or other accounts solely in his name, get them transferred over to mom’s name asap. At her age you don’t want to take the chance of her passing and then have those go through her estate, which can have negative tax consequences and additional hoops to jump through.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
45094 posts
Posted on 2/25/24 at 4:06 pm to
quote:

have an appointment with social security


Why?

When my Dad passed I just notified them and sent a copy of the death certificate. Didn't meet with anyone.
This post was edited on 2/25/24 at 4:08 pm
Posted by DieSmilen
My Rubbermaid Desk
Member since Dec 2007
1727 posts
Posted on 2/25/24 at 8:35 pm to
The April appointment is to file for the $255 dollars they provide for funeral expenses and survivor benefits for mom.
Posted by Harlan County USA
Member since Sep 2021
537 posts
Posted on 2/26/24 at 8:02 pm to
Sorry for your loss. I lost my mother last summer and my father a year earlier. Mom had a devastating stroke 7 months prior to her passing.

Are you the only child? That makes it easier in regards to not having to deal with others that may interfere.

My mom had me on her bank accounts for years as a joint owner. Dealing with the banks was easy. I was also her beneficiary on everything. What wasn't easy was dealing with the things that my name wasn't attached to - her home and car, insurance for both, etc.

I petitioned the court for temporary guardianship the week following her stroke and permanent guardianship one month before she passed. The guardianship allowed me to put my name on her vehicle title and also on 1% ownership of her deed to her house. The 1% deed thing was legal move to keep Medicaid from forcing me to sell her house if she had met the 6 month threshold on their dime paying for her nursing home. That's in KY. She didn't make it to 6 months so I got to keep the house and whatever proceeds from selling it along with her car and other assets.

I created a funeral trust using her money and put 17K into it. The funeral director walked me through it. An advantage of growing up in small town. I spent 10K and the difference came back to me.

I created an Irrevocable Trust to put all her funds into one place and the proceeds of the sale of her house and insurance checks, etc.

Since I was joint owner of her bank accounts I created online portal so I could pay her utilities, insurance, property taxes, etc until I sold her house. I did this before the Irrev. Trust actually.

Mom didn't have a will but I was her only heir. I had to open a probate and get administratorship of her estate after her death, another trip to court, my 4th. You'd do well to get Power of Attorney over your mom now and do some of the things I did.

The funeral home let Social Security know she passed. That death benefit from SS only applies under certain stipulations. It doesn't go to everybody. I had to let KY State Retirement folks know and her 401K folks.

Putting all her assets into a Trust with you as a Trustee would be the way to go. Get what you can out of her name.

It's a helluva lot of work if your the only child. My wife helped tremendously.
Posted by Motownsix
Boise
Member since Oct 2022
1982 posts
Posted on 2/27/24 at 9:25 am to
After my mom passed away my sister and I put our name on everything my dad owns so it doesn’t have to go through probate. We did a quit claim deed for houses. We put our names on both vehicles and the checking account. We are already listed as beneficiaries on investment and insurance accounts.
IMO that should save us a ton of headaches later on.
Posted by tiger91
In my own little world
Member since Nov 2005
36703 posts
Posted on 2/27/24 at 3:45 pm to
Are you in Louisiana?

I ask as we are and my understanding is the in Louisiana there is no way to avoid probate.

Husband and I have both parents so we’ve never had to deal with any of this. We’re starting to get ourselves set up to avoid as many issues as we can. Well to make it easy for our children when the time comes.
Posted by Dawgfanman
Member since Jun 2015
22223 posts
Posted on 2/27/24 at 6:20 pm to
quote:

After my mom passed away my sister and I put our name on everything my dad owns so it doesn’t have to go through probate. We did a quit claim deed for houses.


I think you might’ve bought yourself a huge tax bill when you go to sell this, your basis will be whatever he originally paid. If he’d died the owner, you’d get a stepped up basis to what it was when he died.
Posted by slackster
Houston
Member since Mar 2009
84750 posts
Posted on 2/27/24 at 7:24 pm to
quote:

Are you in Louisiana? I ask as we are and my understanding is the in Louisiana there is no way to avoid probate. Husband and I have both parents so we’ve never had to deal with any of this. We’re starting to get ourselves set up to avoid as many issues as we can. Well to make it easy for our children when the time comes.


Probate is avoidable in LA but people are typically some combination of too cheap, too lazy, and too uneducated to pull it off.

You need (a) trust and you need to fund (it) them properly. Get a good estate attorney and a great financial planner/advisor and it’s achievable.

Anything less is almost guaranteed to be fricked up.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65535 posts
Posted on 2/27/24 at 7:29 pm to
Reading this brings three things to mind:

A) Get you own financial house in order

B) If you have (a) living parent(s), especially if they also have other heirs, get that situation nailed down

C) if you are married to someone and they have a (B) scenario, do all you can to help them get their situation nailed down

OP: Sorry for your loss, thanks for the information.
This post was edited on 2/27/24 at 7:43 pm
Posted by Motownsix
Boise
Member since Oct 2022
1982 posts
Posted on 2/28/24 at 10:11 am to
quote:

Are you in Louisiana? I ask as we are and my understanding is the in Louisiana there is no way to avoid probate.


No my parents property is in Delaware and Florida.
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