by Christopher S. Woodruff
When a parent passes away, it can feel like a million different things are pulling at you. What comes first?
First: Mourn
Outside unusual circumstances (see note below), there are no legal steps that require action within the first week of passing. Many of the first steps require a death certificate, which takes at least a few days to receive (and sometimes much longer). Properly mourning and grieving the loss of your loved one is more important than legal or administrative details. Everyone processes grief differently, and in many cases, mourning begins well before the date of death. But, especially if the loss was unexpected, it is important that you take the time work through your grief.
Second: Connect with Loved Ones
Hopefully, this goes hand-in-hand with mourning. The death of a parent is often an opportunity for family members to reconnect, focus on what brought them together, and share the experience of the life and loss of the loved one. Prioritizing and valuing those relationships can be really healthy for you, personally. It can also make the steps that follow much, much easier.
Third: Find the Documents
In a perfect world, your loved one made it easy for you to find and access their documents before his or her death. If not, locating the original Will or Trust is an extremely high priority. In conjunction with this, you want to look for documents that will reveal the situation you and your loved ones are facing. Prior tax returns, financial statements, bills, real estate tax status, 1099’s, and insurance statements are all immensely helpful in determining where things stand, who should be responsible, and what the next steps are to properly manage the loved one’s affairs.
Fourth: Visit an Experienced Probate Attorney
Regardless of the circumstances, after a death, there are meaningful legal and tax issues that need to be addressed. In some circumstances, there are immediate deadlines that are critical. In other circumstances, unbeknownst to the family, tens of thousands of dollars are at stake if you do not move quickly enough.
(Note on unusual circumstances: there are occasional issues that require moving quickly, and involving an attorney right away can be important. Examples we have run into include where the loved one ran a small business with employees or owned a farm with livestock, where the loved one was in the middle of court proceedings or facing a foreclosure, and where relationships between survivors were already past the boiling point.)
In many cases, an attorney’s services do not need to exceed an hour or two, and can be done in the context of an estate planning update. In other cases, there may be complexities that the family does not realize, and meeting with an attorney early in the process can save thousands of dollars, years of hassle, and costly litigation or penalties. A knowledgeable probate attorney can guide you on the correct steps forward, save you time, money, and future headaches, and put your mind at ease.
If your loved one resided in Loudoun County, Fairfax County, or another area of Northern Virginia, we would be honored to assist you in understanding the probate process and determining the next steps. Please call us at (703) 777-6084 or fill out our contact form.
Christopher S. Woodruff is a member of the Virginia State Bar and has been licensed to practice law since 2016. Mr. Woodruff’s practice focuses on estate planning and the administration of trusts and probate estates. A passionate advocate for children and families, Chris brings extensive experience walking with people who are experiencing grief, trauma, and complex family situations. He provides patient, insightful, and tailored solutions to his clients.
The attorneys of Smith Pugh & Nelson, PLC, offer the experienced counsel, personal attention, and customized legal services needed to address the many complex issues surrounding estate planning, probate, and trust administration. Contact us at (703) 777-6084 to schedule a consultation.