Loss of a Loved One Guide

The death of a loved one is a traumatic experience. In a time of grief and many different emotions, you have to take action to arrange for your loved ones’ final affairs. However, knowing where to begin can feel overwhelming. This is why we offer a free checklist and video resource to guide you and help you get started.

Grief is a natural part of loss, but it often clouds judgment and accelerates family conflict. Give yourself some time and space to grieve before you have to start worrying about what comes next.

Please note that this is just an initial checklist. You may also need to notify various business and government agencies, settle the individual's estate, go through probate, and provide for your own financial security. Please call us if you have any questions regarding these items.

What to do After the Loss of a Loved One?

The most important thing to do is to determine whether the deceased left a will and/or a trust. If there is only a will, notify the Personal Representative named in the will. He or she is responsible for taking the last will and testament to probate court to prove the validity and oversee the distribution of assets to the beneficiaries. If there is a trust, contact the trustee right away. The trustee is responsible for managing and distributing the trust.

What if you are the Trustee and/or Personal Representative?

Protect the Assets

An “estate” includes all of the assets and liabilities left by a person at the time of death. Your assets can range from anything you own such as real estate and bank accounts to things you could have an interest in, like investment accounts or retirement accounts.

Taking an inventory of what your loved one owned and how they owned it can help you estimate the value of the assets. This will help you in administering the estate.

How the assets are titled will affect how they are distributed. An inventory of your loved one’s assets makes sure they are protected. It is essential that assets are distributed according to the terms of a will or trust. It is illegal to distribute assets without going through the proper channels.

Consult a Lawyer (Even if You Don’t Use One)

After the loss of a loved one, the personal representative/trustee should consult with a lawyer. After you locate important documents, an attorney can advise you regarding your specific situation. The most important determination is if you need to go through the probate court to distribute the estate. A lawyer will also be able to advise you on the correct and legal way to distribute the estate, which can protect you from unwanted legal issues. If your loved one had a comprehensive estate plan, you probably will have a smooth process. But, if your loved one dies without a will, the process becomes more complicated.

Remember

The trauma of a loss is hard but following these simple tasks can help minimize your stress. Remember to grieve and take your time to process. Make sure you locate important financial and estate plan documents after the loss of a loved one. Take time to create an inventory of your loved one’s assets and determine the asset ownership. Finally, consult with an attorney after you have compiled your loved one’s important documents. Rilus Law is here for you. If you have recently lost someone you love, schedule a free Family Administration Session to talk with an attorney to determine the next steps to administering your loved one’s estate.

What if You are a Beneficiary?

You have rights as a beneficiary, so there is a legal process to protect and support you. While we don’t live in a fairytale with clear-cut good and evil, we do live in a day and age where familial dynamics are complex and intertwined. Multiple marriages, sibling rivalries, and dysfunctional families are some of the key ingredients that can lead to probate litigation. Add some dollar signs and this could be the juicy plotline for a daytime soap opera. Conflicts over trusts and estates can appear from nowhere. Families may realize they have been deceived late in the game and unknown circumstances may appear from the shadows. We all have family drama that continues even after the passing of a loved one and sometimes this gives rise to probate litigation.

What if Something Goes Wrong?

Disputes arise around deceit, greed, and/or miscommunication. Generally, probate litigation arises when an interested party believes that a wrong was done during the probate process or before a loved one passes. In many cases, a trust or will does not work as intended. Sometimes the will or trust was created by someone who lacked capacity. Or, in other instances, someone was coerced or unduly influenced by a loved one.

Types of Probate Litigation

Some common examples of when probate litigation can arise include:

  •  Challenging the validity of a will

  • Vagueness in the language of a will and trust

  • Claims of undue influence and lack of capacity

  • Multiple conflicting trust amendments or restatements

  • Suits against trustees or fiduciaries for failing to act according to the terms of a trust

If you are faced with a contested probate matter, a probate litigation attorney may be necessary. Contested probate matters require judgment and oversight from the probate court to resolve a dispute.

What Should You Do with Your Loved One’s Digital Accounts?

As we step further into the digital age, the management of online assets after one's passing has become an integral aspect of estate planning. At Rilus Law, we have been at the forefront of creating Digital Asset Trusts since Arizona's legal framework made it possible in 2016. If your loved one has a Rilus Law estate plan, it's essential to check for a Digital Asset Trust that may contain specific instructions for managing their digital accounts. Each account has its own unique options and steps for memorializing, removing, or transferring data. We outline some of the basics below, but for more details, enter your email above to download our Death of a Loved One Checklist complete with a Digital Account Guide to help you navigate your loved one’s digital legacy.

Why should you manage your loved one’s digital accounts?

It’s crucial if you’d like to preserve any of the data or memories held in these accounts. But, a lesser-known benefit is preventing these accounts from getting hacked and having any personal information compromised. Memorializing social media accounts generally prevents any future logins or changes to the account.

Facebook

Facebook allows users to select their preference for account memorialization or removal, which involves choosing a legacy contact. If your loved one did not set that up, you may request to memorialize the account, creating a dedicated space for friends and family to share memories. For account deletion, Facebook requires the submission of the necessary documentation by family members.

Instagram

Instagram also offers the option to memorialize accounts, preserving the user's memory. On a memorialized account, the word "Remembering" appears next to the name on their profile. However, immediate family can request the account's deletion by providing proof of death and their relationship to the deceased.

Apple iCloud

The fine print that Apple users agree to includes no conveyance and no rights of survivorship terms. This means the account and content cannot be transferred and terminates at the account owner’s death unless your loved one puts instructions in a Digital Asset Trust for that account. If you have a legal document with a specific directive for the iCloud account, obtaining access to or closing an Apple iCloud account may necessitate a court order.

Google Accounts (Gmail, Google Drive, etc.)

Google has an option called “Inactive Account Manager”. If your loved one set this up, the trusted contact that they chose will receive a notification from Google once their account has been inactive for a period of time. Depending on the settings, you may only get a notification or you may be given the option to download account data. If this wasn’t set up, Google permits family members to request the closure or retrieval of account data.

X / Twitter

Twitter requires authorized individuals to submit a deactivation request accompanied by the necessary documentation. At this time, Twitter does not have a memorialization option.

LinkedIn

LinkedIn offers either memorialization or account removal. A memorialized LinkedIn account will show the words “In Remembrance” underneath the name on their profile. Requests for account closure can be made to LinkedIn by providing proof of the user's death and your authorization to act on their behalf.

Do You Need Help with a Loved One’s Estate?

Whether you are a personal representative, trustee, or beneficiary, we can provide guidance after the loss of a loved one. Contact us today to schedule your free one-hour meeting with an attorney to assess your estate administration needs.

What Our Clients Say About Us

  • “My parents worked with Rilus Law to set up a will and trust in 2019. The entire process was smooth and professional. Little did we know that we would have to invoke the will after my father's passing a few short years after the setup. Rilus assisted and educated us during the process. I recommend Rilus and the rest of the team for your legal needs.”

    Supreet N.

  • “I worked with Rilus Law for some legal advice on the administration of my father's estate. From the moment I reached out to them, they were very helpful, compassionate, and responsive. I felt as though I was in very capable hands during a time when I needed it the most. I would highly recommend Rilus Law for any estate planning or estate administration.”

    Megan E.

  • “I worked primarily with Lori Bradford, paralegal. She was very easy to work with, knows all that is needed for settling an estate. She is personable and competent. Everyone at this office is friendly and accommodating.”

    Mary C.

  • “Would highly recommend Rilus Law for estate planning and probate. Rilus Dana and paralegal Lori Bradford were very professional and explained the estate planning and probate process in great detail and were very responsive in answering questions and preparing the documents to settle my father's estate and set up a Trust, Living Will, and Power of Attorney documents for my mother.”

    Sandy A.

  • “I called them from Houston, TX with questions regarding my father-in-law’s estate there in Mesa. They took their time to go through different scenarios with me and had quick and honest answers to all of my questions regarding the law and if we had a good case. Should I, or anyone I know in Arizona, need a great probate or estate planning attorney, I recommend Rilus Law. 5 stars for sure!”

    Jennifer T.