One of the hardest things to face is the death of a loved one. Unfortunately, if your loved one did not have a clear cut estate plan, or even if they did, you may have to deal with lengthy legal struggles and concerns. For many people, the process of dealing with a loved ones estate is so overwhelming on top of the death that they grow completely numb. For others, working on the estate may provide busy activity to preoccupy their minds while they think of everything other than the death of their loved one. Regardless, death can bring about many changes in a person’s life and dealing with an estate is just one of them.

Did Your Loved One Have a Will?

The first legal issue that will be addressed when a loved one dies is the existence of a will. This is the first document that will initiate the estate settling process. If a person has a will, there still may be complications. You may have to prove that the will has legal signatures of the deceased person. Also, wills vary in legality from state to state. Also, the Office of the Attorney General of Washington State argues that wills do not dictate the division of joint tenancy property or community property. If there is no will, the property will be divided according to the laws of the state. Often, the state can claim the property.

Immediate Concerns

The Attorney General of Washington State offers that there are the initial and immediate monetary concerns that the family will have to deal with accordingly. These include utility bills, medical bills, and long term debts such as mortgages, car payments, and so forth.

Property

The next concern you will have is the property. This does not just refer to real estate. Personal property and investments such as stocks, bonds, cash and even heirlooms must be distributed among the family members. In most states, creditors are given a specified amount of time during which they can bill the estate of a deceased person for the money that they are owed.

After these debts have been paid, the property can be distributed. One glitch in that can occur is probate. Probate is basically directing the will under the careful eye of the courts. The property of the deceased must be carefully inventoried, and when distributed, the beneficiary must sign and in some states have a notary present to ensure that they have received that which was willed to them.

Conclusion

The suggestions by the Attorney General of Washington State are general enough that they can provide a baseline for those feeling the loss of a loved one. Specific laws and legal issues will differ depending on the state, however, the template and timelines are similar among most.