Why Should I Pre-Plan a Funeral?
Pre-planning a funeral can be seen as a very sensitive subject. However, it is extremely vital to know the legal steps to take after a loved one’s passing and how to properly prepare before it actually happens.
There are numerous occasions where families are unable to properly mourn the loss of their loved ones. Decisions about the type of funeral the person would have wanted, and even the budget can sometimes lead to a family disagreement. With pre-planning, you have the chance to create a more meaningful and well thought out funeral by following your loved one’s wishes and requests.
There are essential steps to take when a loved one passes that you may not want to think about in your time of grief.
Social security should be notified as soon as possible after a death occurs. The death will be filed with the state and the funeral home director will notify social security as soon as they receive all necessary information from you. The death certificate must be filed electronically within 72 hours after the death occurs.(Is this the funeral direction? Who files it? Where does it say it has to be filed within 72 hours? Many time they are available that quickly.) The certificate contains two documents – the Certified Death Abstract and the Death Registration Form. It is impossible to have a funeral without these documents. The funeral director typically files the death certificate with the proper officials, and after the certificate is processed, copies will be made for your personal records at a cost of $10-15 each.
Probating the will can sometimes be difficult to understand. Essentially, it is the legal process of distributing a person’s assets to their beneficiaries. Depending on factors surrounding the estate, going through probate can take up to nine months or more. One thing many people do not realize is that several assets, such as bank funds, are not automatically given to the loved one’s family members after a passing. This is why it is extremely vital to have all assets divided and distributed to the beneficiaries even if your loved one did not create a will.
Comprehending and understanding these legal steps can potentially save you an ample amount of time and money. Many people are unaware that they must file their loved one’s taxes the same year that they passed. People are also unaware that all debts and bills should be paid in a specific legal order. For example, individuals should pay the funeral bill before paying any medical bills that their loved one may have had before passing. Without following these procedures in order, the executor may be responsible for paying the full funeral bill and other bills.
The legal team at Nelson Elder Care Law provides pre-planning services to help clients ease any burden before the inevitable happens. Planning in advance is the best way to save money, protect all your valuable assets, and grant the wishes of your loved one. It is important to keep in mind that elder care law is for all ages and not just for the elderly. Provide peace to yourself and your family by giving them the opportunity to plan in advance with a seasoned attorney.
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.
Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!
I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!