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attikusworld · 7 years ago
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First 5 Steps For Handling Estate, and Bereavement Cleanout: Where to Begin
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More than likely, if you are suddenly saddled with an estate to handle, you are already grieving and overwhelmed. Now you are bewildered, standing inside the home of the deceased, and you are looking around at the heaps of their belongings. The bedrooms, the furniture, the knick-knacks within the curio cabinet, all those dishes in the cupboards, the linens, and more, and more, and more…and it sinks in: clearing out this whole nest is now up to you.
Then you gotta sell the place, too.
Reallocating the tangible personal property can be just as much of an arduous and stressful obligation as selling the house by itself. Even for those who’ve had ample time to prepare and plan would be understandably left wondering, just where do I begin?
Well…estate issues are complex. Let’s face it. Most of us are better at other stuff, not Estate planning stuff. I know when I was in lawschool (say, 2003), it didn’t really make a lot of sense to me. I relied heavily on the guidance of better attuned classmates in my study group to help me weed through it.
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(B+? Thanks study group!)
So, why not contact experts again now? For purposes of this article, I contacted Attorneys Rachel Tucker* (Farmington Hills, MI)  and Attorney Ryan Barr** (Warren, MI), and asked them, “What’s the first 5 things”  you tell your (Michigan) clients who find themselves in our original scenario? Where do you start when you are left to disburse the possessions of the dearly departed? I also asked a few non attorneys I knew were in this situation, and listened to their valuable experiences. Taking everything together, we put together a list of things that a person can do to get started.
Here are the top 5 things to do first:
1.       Determine who is in charge
2.       Get a notebook and get organized
3.       Identify the assets
4.       Know the legal issues for administering the estate
5.       Distribution and Divestment
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Step 1: Determine who is in charge. Proper notice to interested parties is a huuuuge deal in handling estates, so the first thing that must be done is determine who is responsible taking those steps. According to Attorney Ryan Bar, there are essentially 2 ways to determine who is in charge. First, confirm if the deceased had an Estate Plan. If there is a Will or Trust, that will normally answer the question of who is in charge. If not, then intestate laws will decide (basically, all your stuff goes to your nearest relatives in a pre-set order that is well articulated in the statute that need not be detailed here for purposes of this article).
How do you find out if a Will or Trust exists? Attorney Rachel Tucker sagely recommends a thorough search of the person's house. The most common locations for finding key documents might be in someone’s office, desk, safe and closet. If you don’t find the actual estate plan, you might discover an estate attorney’s information among the mail, on a business card in a wallet, or stored on the person’s phone or computer. In that case, proceed to contact the deceased’s attorney. Likely, he or she made the estate plan, and would therefore have the documents and information you need to make sure it is properly executed.
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Step 2: Get a notebook, and get organized. Attorney Ryan Barr stresses the importance of keeping track of everything, and getting a notebook is a great start. Attorney Rachel Tucker agrees that keeping tabs on all transactions in an organized fashion should foster better odds for smooth asset distribution down the road.  Because you’ll need to make endless lists, identify creditors, and gather bills for payment. It will become necessary to gather paper statements and ensure mail is properly forwarded. And yet, as the world gravitates toward digital and on-line record keeping,  your notebook will be a great companion for jotting down all the PINs and passwords your deceased relied on for his or her digital dealings.
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 Step 3: Identify the Assets. Both attorneys Rachel Tucker and Ryan Barr independently agree that the most common assets to identify are real estate holdings, bank accounts, stocks/bonds, motor vehicles, as well as the tangible personal property.  More than just discovering them, it’s also important to learn how these things are owned, and if there are designated beneficiaries.
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Step 4: Know the legal issues for administering estate. You’ll want to make sure when going through the tangible personal property, that the appropriate persons are notified with opportunity to participate.
This might require the formal legal proceedings of probate. Requisite notices might require publication or other action within certain timeframes. Attorneys like Rachel Tucker and Ryan Barr are equipped to review the Wills or Trusts recovered, and can advise on the legal requirements necessary to comply with the estate plan in place. Should you seek counsel, know that, typically, an initial consultation is free, and the payment comes out of the estate.
Rachel Tucker adds that the Letter of Authority or the Certificate of Trust can be secured and used for handling account transactions. Your dearly departed likely had financial obligations and bills, many of which could be subject to automatic monthly (or yearly) payment. You will want to monitor statements and online accounts and make effort to cancel the automatic pay services (cable, media streaming, subscriptions, software licenses, renewable charity contributions, life insurance premiums, retirement accounts) as soon as you can. Ryan Barr recommends that the executor secure an EIN number from the IRS for the deceased, have the personal tax return for the deceased filed, and opening a new estate bank account to start claiming assets.
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 Step 5: Distribution and Divestment. Finally. After the assets are gathered, creditors paid, parties of interest notified (legal proceedings initiated, if necessary), there should eventually come a time when you can finally divest the estate of the assets, being both the tangible personal property as well as the house and real property.
Rachel Tucker offers practical advice for divestment of real property, pointing out that the home’s fair market value might be affected by the outdated décor or any various spots of disrepair. In other words, she says, the Executor is well-served to set-aside sentiment when setting the price of the home in favor of a realistic market perception.
As for removal of tangible personal property, this can be an onerous task. For those who do not relish the labor of it, there are companies that offer handling bereavement cleanouts, junk removal, or estate sales on your behalf. Your Realtor® should be able to help recommend some vendors for that purpose. 
And there you have it, your start. It’s a rough road and everyone agrees that the process can be a strenuous exercise. So don’t hesitate to reach out and seek help among experts. If you strategically connect with the right people, you will hopefully find a smoother track to divestment and distribution. 
This blog was authored by Kate Tomasik, attorney, Realtor®, and owner of Attikus Realty, LLC, West Bloomfield, MI.  For more information, visit www.attikusrealty.com or send inquiry to: [email protected]
*Rachel Tucker, Esq. can be reached at Joelson Rosenberg, PLC, Farmington Hills, MI. Email: [email protected]
**Ryan Barr, Esq. can be reached at Law Offices of Benjamin T. Vader, Warren, MI. Email: [email protected]
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