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Do You Need an Estate Planning Attorney When a Parent Dies?

Losing a loved one is always hard, especially if the death was unexpected. If your parent passed, you may be dealing with grief, shock, and confusion. As if that isn’t enough, you’re probably overwhelmed by all the tasks related to settling your parent’s estate.

What do you do first? How do you access your parent’s assets, and who covers funeral costs? Do you need an estate planning attorney when a parent dies?

Quick answer: Yes, you should probably work with an estate lawyer. Let’s explain why.

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Understanding the Immediate Steps: Planning for Parents Recently Deceased

The first hours and days after a parent’s passing can be extremely confusing. You may wonder how to proceed and which tasks to handle first. Your checklist will typically include:

  • Locating estate planning documents like your parent’s will or trust documents
  • Making copies of every important document, including your parent’s death certificate
  • Identifying your parent’s life insurance policies, pensions, and 401(k)s
  • Gaining access to and closing your parent’s bank accounts
  • Canceling any remaining credit cards and automatic withdrawals
  • Transferring real estate and other property titles
  • Notifying your parent’s lenders if they held a mortgage or auto loan

Before you start, you should consult an estate lawyer. It can be the same attorney who handled estate planning for your parents or another legal professional.

The Role of a Probate or Estate Planning Attorney

So, why would you need a probate or estate planning attorney when a parent dies? You might be able to settle the estate yourself if your parent didn’t have many assets and left a clear, up-to-date will or if their assets don’t need to pass through probate.

Otherwise, you should work with an estate and asset distribution lawyer to guide you through estate closure. An estate attorney can help you in tricky situations like settling an estate with no will, inheritance or title disputes, probate that drags out, and more.

Specifically, an estate lawyer can:

  • Gather and file all legal documentation.
  • Streamline probate.
  • Deal with claims against your parent’s estate.
  • Mediate family conflicts concerning inheritance.
  • Help you handle your parent’s outstanding debts.

Accessing Assets and Transferring Deeds

After your parent’s passing, you must access their assets and transfer property titles. You will need to:

  • Locate any titles your parent held to real estate, vehicles, burial plots, and other physical property.
  • Prepare the paperwork to transfer legal ownership, like your parent’s death certificate and their will, trust, or Transfer on Death document.
  • Contact your parent’s bank to ensure your parent’s account has cleared any outstanding checks or withdrawals before you close or transfer the account.

An asset distribution lawyer can provide invaluable help, especially if your parent had gaps in their estate plan. Your attorney can help you locate elusive assets and ensure you have all the documents you need for ownership transfer.

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Keeping Property and Handling Funeral Expenses

Any funeral expenses will typically come from your deceased parent’s estate. This takes place before any asset distribution to heirs. An estate planning lawyer can let you know how to deduct funeral costs from your parent’s assets as you prepare to settle their estate.

Finally, you’ll need to ensure you update the deed on your parent’s house as soon as possible. This is necessary to allow the new owner to take over the property and keep paying property taxes. Remember that you can’t wrap up probate and close out an estate until the deed transfer is done. Your attorney can guide you through filing the documentation via your county’s Register of Deeds Office.

The TGQ Law Firm: Helping You Settle a Deceased Parent’s Estate

When a parent passes, settling their estate involves many complex tasks. If you wonder whether you need an estate planning attorney when a parent dies, the answer is almost certainly yes, especially if your parent had a large estate or died without a will.

The TGQ Law Firm can help you settle your deceased parent’s estate with minimal stress and hassle. Our experienced legal team will handle all paperwork, assist you in transferring deeds, and guide you through other legal procedures related to your parent’s passing.

Contact us at (734) 707-3232 or schedule a free consultation online to consult a Michigan estate and asset distribution lawyer.

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Disclaimer: This article is not intended to be legal advice. Everyone’s situation is different and legal advice is only properly given after having reviewed your specific situation.