.jpg)
Losing a loved one is one of the most challenging experiences a person can go through. Adding the task of administering their trust on top of that can feel overwhelming, especially if you’ve never handled this type of responsibility before; however, it’s important to know that while there is no need to take immediate legal action, there are a few critical steps to take when you’re ready. At Deka Law, we are here to support you through this process and make it as manageable as possible.
1. Locate the Original Will
One of the first steps in the trust administration process is to locate the original will of your loved one. In California, the original will, if there is one, must be filed with the court. This helps ensure that the court has a clear understanding of the deceased’s wishes regarding their estate and beneficiaries. Where the decedent was residing at the time of his/her/their passing will determine where to file the will. Contact Deka Law if you need assistance with this step.
What if you can’t find the will? If you can’t locate the original will, it’s important to check places where your loved one may have kept important documents, such as a safe deposit box, a home safe or a file drawer. Additionally, if Deka Law handled your loved one’s estate planning, you don’t need to worry—we will have a copy of the will in our files, and no additional steps are required from you.
2. Ordering Certified Copies of Death Certificates
A death certificate is a crucial document you will need throughout the trust administration process. It’s required for various legal and financial purposes, including notifying banks, government agencies and insurance companies of your loved one’s passing.
How do you obtain death certificates? Certified copies of the death certificate can be ordered either through the mortuary or through the California Department of Public Health (CDPH). It’s generally faster to request them through the mortuary, so we recommend that option. For how many to order, a good rule is one copy for every financial institution and one for each piece of real estate your loved one owned. This will ensure you have enough on hand when they’re needed.
3. Notify the Social Security Administration
One of the next steps is notifying the Social Security Administration (SSA) of your loved one’s passing. This is important to stop any future Social Security benefits from being paid out incorrectly. You can do this by calling the SSA directly at 1-800-772-1213.
What happens if you don’t notify Social Security? If Social Security is not informed promptly, benefits may continue to be issued even after your loved one has passed away. In such cases, the government will later seek to recover these overpayments, which could result in a more complicated administrative process. That’s why it’s essential to handle this notification as soon as you’re ready.
4. Cancel Credit Cards and Transfer Rewards
It’s also important to locate and cancel any credit cards your loved one had. This helps prevent unauthorized use of the accounts and stops any future charges from being made.
What about credit card rewards and points? Before canceling any credit cards, make sure to transfer any reward points, miles or other benefits to yourself or another beneficiary. Many credit card companies allow these benefits to be transferred after the cardholder’s passing, but you will need to act before closing the account.
5. Handling Medi-Cal Benefits
If your loved one was a Medi-Cal recipient, you will need to gather any related documents regarding their Medi-Cal benefits. This is an important step because the Department of Health Care Services (DHCS) will need to be notified of your loved one’s passing. At Deka Law, we can help prepare and send the necessary notice to DHCS on your behalf to ensure that this part of the process is handled correctly.
6. Gathering Asset Information
Once you have completed the initial steps, the next phase involves collecting information about your loved one’s assets. This is a critical part of the trust administration process, as it helps identify all property and financial resources that will need to be distributed according to the trust.
Where do you start? A good place to start is by looking for key financial documents. These include:
- Deeds for real estate: Property deeds will be needed to transfer ownership to the designated beneficiaries.
- Bank statements: These will help determine the balances in checking, savings and investment accounts.
- Life insurance policies: The trust administrator will need these to process any life insurance claims and distribute death benefits.
- Bond and stock certificates: If your loved one had any investments in bonds or stocks, you’ll need these documents to verify ownership and manage the transfer of these assets.
- Pension statements: If your loved one had a pension, the pension provider will require documentation to transfer benefits to the appropriate beneficiaries.
- Debts: Collect any statements or records of outstanding debts, such as mortgages, car loans or credit card balances. These will need to be settled before any remaining assets are distributed.
At Deka Law, we are here to support you through every phase of this process, so please don’t hesitate to reach out if you need guidance or legal assistance. For more information or personalized support, contact Sarah Waldrip, our Client Service Coordinator, at sarah@dekalaw.com or (626) 765-6272.
