Legal Advice

It's important to understand that several legal and financial matters will need attention in the days following the loss of a loved one. Taking time to settle these matters in advance can help reduce confusion and prevent delays in ensuring your final wishes are carried out as intended.

The following general guidelines are meant to assist you in planning ahead and providing clear direction for your loved ones. For any legal concerns or detailed advice, we encourage you to consult with an attorney.



By planning in advance, you’ll be helping your loved ones in several meaningful ways:

• They’ll have clear guidance on your final wishes
• Potential delays in settling your estate can be avoided
• The transfer of property and responsibilities will be smoother and more efficient

Executors

The first step in preparing your estate is to appoint an executor.

An executor serves as your personal representative, responsible for managing and distributing your estate according to the terms outlined in your will. This includes taking control of your assets, settling any outstanding debts, and ensuring your beneficiaries receive what you’ve designated for them.



You may choose anyone you trust to serve as your executor. It’s important to clearly name this person in your will, and also consider naming an alternate executor in case your primary choice is unable or unwilling to fulfill their responsibilities.

Wills

According to statistics, only about 30% of Americans have a will, even though it’s one of the most effective ways to ensure your estate is distributed according to your wishes. Without a valid will, the administration of your estate falls under the control of the state. Each state has specific laws for distributing assets when someone dies intestate (without a will), which may not reflect your intentions. Creating a will is the best way to avoid this and ensure your loved ones are cared for as you intend.

Writing a will doesn’t have to be expensive or complicated. In fact, it can be done easily and affordably. For your will to be legally valid, it must meet just four basic requirements:

• Clearly state that it is your will
• Be typewritten or computer-generated
• Be signed and dated by you
• Be witnessed by 2 or 3 individuals who are not beneficiaries of the will



Although it is possible to draft a legal will on your own, consulting a lawyer can help avoid any legal complications later. Once completed, store your will in a secure location outside of your home, such as with your attorney. Avoid keeping it in a bank safety deposit box, as it may be sealed and inaccessible after your death. Make sure your appointed executor knows where your will is stored.

Bank Accounts and Safety Deposit Boxes

When someone passes away, their bank accounts and safety deposit boxes are typically frozen. It’s important for the executor to notify the bank as soon as possible. Once notified, the bank can help the executor with the following tasks:

• Releasing funds from the deceased’s accounts according to proper procedures
• Setting up a new account to manage any funds received after the person’s death
• Managing and closing any joint accounts as needed

To access a safety deposit box or remove a name from a joint account, a certified copy of the death certificate will be required.

Death Certificates

Before taking any further steps, the executor must obtain a Certified Death Certificate. This document is filed in the city or town where the death took place and is essential for handling most legal and financial matters. It's recommended that the executor requests multiple certified copies, as many institutions require an official copy and will not accept photocopies or digital versions.



As part of our service to your family, Butler Funeral Home will provide the certified copies of the Death Certificate you need.

Probate

The estate of a deceased individual must go through a legal process called probate. This process ensures that the legal title of property is transferred from the deceased’s estate to their designated beneficiaries. While an attorney can guide you through each step, the executor will generally be responsible for handling the following tasks in court:



• Identifying and listing all property owned by the deceased
• Arranging for appraisals of the property, if needed
• Settling any outstanding debts and taxes
• Validating the will as a legal and binding document
• Distributing the assets according to the terms outlined in the will