What to Do When a Person Dies

by Wessels & Liebau, Mequon, WI 53092

As soon as possible after death:

• Contact immediate family. Evaluate the emotional needs of family members, address those that can be addressed. • Arrange for care of dependent family members and pets.
• Make or implement funeral arrangements:
o Contact clergy.
o Arrange for mortuary and burial/cremation/alternative service. If funeral services have been pre-planned, or pre-paid, review the plans and contact the appropriate entities to implement them. If possible, family should not sign an agreement to be personally responsible for the funeral costs. Often this cannot be avoided, however.
o If necessary, arrange for friends to be present at the home of the decedent while funeral services are taking place, for security purposes.
o Prepare the obituary for publication if needed.
o Keep records of all payments for funeral and other expenses.
• Contact other friends and family.

Within a few days after death:
• Cancel home deliveries and subscriptions.
• Notify Post Office to hold mail if nobody else is living at the decedent’s home.
• Deal with perishable property, and any property that needs to be secured. Wait to meet with attorney for guidance on disposing of personal property.  
• Notify payors of monthly benefits, like Social Security and pension, of the death.
• If you are concerned about the manner of death in a medical or long-term care facility, obtain a complete copy of the individual’s treatment records as soon as possible following death.
• Notify Credit Card companies about the decedent’s death, unless card is jointly held with a survivor.

Legal and Financial Steps:
1. Contact our office to schedule an appointment to discuss the administration of the estate. It is perfectly acceptable to wait until after the funeral to do this, unless you feel you want to get started earlier or there is a particular urgent situation.
2. The authority of an agent under a durable power of attorney ends when the principal dies, so the agent can no longer write checks or withdraw funds from the decedent’s account or access the safe deposit box.  But if the funds are in a Living Trust, the Trustee or Successor Trustee can continue to access funds.
3. Locate any will, trust, or marital property agreement. Locate the original copy of the will. In Wisconsin, the original will must be filed with the register in probate in the decedent’s county of residence within 30 days of death. We can file this for you if you like.
4. Gather information about debts and assets, including life insurance policies and retirement accounts.  Keep written notes of conversations with agents and representatives, including dates, names and telephone numbers. If possible, speak with attorney before actually filing claims. 
a. Finding out if someone had life insurance, without copies of any specific policies, can be challenging. Most policies will send out an annual summary that you could look for. Also, here is a website that may be helpful. https://eapps.naic.org/life-policy-locator/#/welcome
b. The State Treasurer’s Office has a record of unclaimed property: https://www.revenue.wi.gov/Pages/UnclaimedProperty/Home.aspx
c. The most recent tax returns for the decedent should have information regarding any assets that generate taxable income.
d. Use Treasurydirect.gov to find the value of savings bonds.
5. If you have access to the decedent’s safe deposit box, go with at least one other person to open it.  If you expect a dispute over the contents, contact us first for instructions.
• Open box.
• List all contents in detail on letter size paper.
• Both persons sign at bottom of list, and put date of signing on paper.
• Put all else back, except will, life insurance policies, trust, etc.  If there are stock certificates or bonds, photocopy them and replace the originals in the box.
6. Investigate:
• Social Security benefits for surviving spouse and dependent or disabled children;
• life insurance collection;
• union death benefits;
• Veteran’s benefits or burial allowance;
• employee payroll benefits, e.g., accrued vacation pay, employee death benefit,  final wages, IRA account, retirement plan death benefits, or deferred compensation;
• medical reimbursements; and
• refunds on insurance or canceled subscriptions, or other refunds.
7. Notify regular insurance agent about fire, theft, and liability insurance on decedent’s assets. 
8. Get death certificates (ask lawyer how many are needed).
9. Do not be too concerned about paying debts or bills until after you meet with the attorney. A surviving spouse may continue to pay household bills as usual.
10. Do not take major steps such as listing a house for sale until you have talked with the attorney.
11. If pressured to sign anything, wait until after you meet with the attorney.