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Checklist: What To Do Before Someone Dies

By following the checklist below, small business owners can proactively address estate planning considerations to protect their business interests and ensure a smooth transition of ownership and management in the future.

  • If the individual is unable to provide information, search for any existing will in places like a safe deposit box, home safe, or consult their attorney.
  • If creating a new will or updating an existing will, compile necessary information including assets, beneficiaries, and preferred executors.
  • Make sure the will is properly signed and witnessed as required by law, to validate its legality and prevent future disputes.

  • Search for Trust Agreements: Begin by locating any existing trust documents. These could be with estate planning attorneys, in safe deposit boxes, or among personal files. Trusts are not public record, so knowing their exact location is crucial.
  • Understand What A Trust Is: A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. It provides certain benefits during estate transition, such as avoiding delays, avoiding probate, and protecting privacy.

  • If the individual who is dying utilized Buried in Work’s Estate Preparation Package, identify where it is located and how to access it. If it is in a secure location, such as a bank, ensure you have proper authority for access.
  • If estate planning documents have been created, identify where they are located and how to access them.

  • Assemble a comprehensive list of key contacts to notify. We recommend organizing them into five groups: Family, Friends, Business and Work, Professional Advisors, and Religious/Spiritual.

  • Understand the Importance: A Living Will (also referred to as an Advance Healthcare Directive or Advance Medical Directive) outlines your healthcare preferences in case you cannot communicate them.
  • Locate the Existing Living Will and Create One If One Does Not Exist: If no living will exists, consider creating one. Consult with a legal professional to ensure it accurately reflects your healthcare wishes. Circumstances surrounding health can change quickly and it’s important to review and update your living will as needed to ensure it accurately represents your current healthcare preferences in the event you are unable to communicate.

  • Understanding Power of Attorney: Begin by understanding the concept of power of attorney (POA), which grants someone the legal authority to make decisions on your behalf.
  • Assess Your Needs: Evaluate whether you require power of attorney documentation for financial, healthcare, or other specific matters.
  • Choose the Right Agent: If needed, carefully select a trustworthy individual to act as your agent, ensuring they understand your wishes and responsibilities.

  • Confirm and Update Beneficiary Designations: Do this on all financial accounts, life insurance policies, retirement plans, and investment accounts to align with the individual’s current intentions and prevent potential complications. You can often do this online.
  • Understand the Impact On Probate Proceedings: Pay-on-death beneficiary designations can tremendously simplify the probate process, and take precedence over designations in a Last Will and Testament.
  • Document Beneficiary Designations: Save screenshots, photos, and/or copies of all documentation showing account beneficiary information. This simple step can save problems down the road if the institution loses or fails to record the beneficiary information properly.

  • Locating All Policies: Start by gathering all life insurance policies held by the deceased, including individual policies, group policies through employers, and any additional coverage like accidental death policies.
  • Checking Policy Details: Review the specifics of each policy to understand the coverage, beneficiaries, and any terms that might affect the payout, such as clauses regarding cause of death.
  • Verifying Payment Status: Ensure all premiums were up-to-date at the time of death to confirm that the policies are in force and that beneficiaries are eligible for the benefits.

  • By gaining a solid understanding of the tax implications involved, you can:
  • Ensure that the deceased’s assets are distributed according to their wishes.
  • Minimize tax liabilities to preserve more of the estate for heirs and beneficiaries.
  • Avoid legal complications and potential disputes among family members.
  • Navigate the complexities of estate taxation with confidence.

  • Understand Final Arrangements: Recognize the importance of planning final arrangements, which encompass funeral or memorial services, burial, cremation, or other end-of-life ceremonies.
  • Document Your Wishes: Clearly outline your preferences for final arrangements in a written document or will to ensure your wishes are honored.
  • Existing Resources Can Save You Time: An End-of-Life & Final Arrangements Planning Form is available in the End-of-Life Package.

  • Maintaining Digital Access: Recognize the importance of securing access to the deceased’s online accounts, cell phone, two-factor authentication methods, and password management tools.
  • Collect Account Information: Gather critical information, including usernames, passwords, and signup email details, for key websites and accounts used by the deceased.

  • Identification of Key Roles: Clearly identify and document the key roles that individuals will assume after the occurrence of death. This includes official roles such as executor, healthcare proxy, and legal representatives, as well as unofficial roles that family members and friends may undertake to provide support.
  • Recognize the Executor’s or Administrator’s Legal Authority: Understand that the executor or personal representative, as designated in the will, possesses legal authority to carry out the deceased person’s wishes. This authority includes managing the estate, distributing assets, and ensuring the proper execution of the end-of-life plan, contributing to an organized and legally sanctioned post-death process.

  • Consider End-of-Life Preferences: Begin by discussing and understanding the deceased’s preferences regarding the location of their final moments and the place they wish to pass away.
  • Explore Different Settings: Investigate the various options for end-of-life locations, including hospitals, hospice care facilities, home-based care, or palliative care centers.

  • Understanding the Process: Gain a clear understanding of the physical processes that occur when someone passes away, including the cessation of vital signs and bodily functions. The physical changes individuals may witness during the dying process can be unfamiliar and unsettling to witness.
  • Embrace Emotional Preparedness: Recognize the emotional challenges associated with witnessing or being present at the time of death, and prepare yourself mentally for the experience.

  • When A Coroner Gets Involved: The primary role of a coroner’s office is to determine the cause of death when it is sudden, unexpected, or under unusual circumstances. This involves conducting investigations and examinations to establish the facts surrounding the death. The involvement of a coroner’s office doesn’t necessarily imply foulplay. It can also be part of standard procedures to ensure accurate documentation of the circumstances surrounding a death. Families are often informed when a coroner’s office becomes involved, and their cooperation may be needed, especially if an autopsy is ordered.
  • What is an Autopsy: An autopsy is a post-mortem examination performed by a forensic pathologist to determine the cause of death by examining the body’s internal organs, tissues, and fluids. It involves a detailed analysis of the deceased person’s physical condition to uncover any underlying diseases, injuries, or abnormalities.

  • Share Meaningful Conversations: Engage in open and heartfelt conversations with your loved one. Share memories, express gratitude, and communicate your love. These moments offer an opportunity to strengthen your connection and create lasting memories.
  • Capture Precious Moments: Document the time spent with your loved one through photographs or recordings. These tangible memories can become invaluable keepsakes, providing comfort and a tangible connection to the moments shared during this challenging period.

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