What to Do When a Loved One Dies in Oregon:

General Information for Relatives

It is hard to keep a clear mind when trying to deal with the shock of losing a loved one.  All the resulting confusion, and having to attend to details you may have never faced before, responding to sympathy calls, talking to funeral homes, contacting pall-bearers, making church arrangements, etc. creates a time of enormous stress.  The following information may help you in your time of sorrow, and enable you to better control a difficult situation:

1. Notify doctor, coroner, and/or police officer (depends on whether death occurs at home or hospital).

2. Determine whether decedent wished to donate tissues and organs. (Look in estate planning materials. If Decedent was an Aiston Law client, look in the “Memorial Instructions” section of the estate planning portfolio.) If there are no wishes stated, it will usually be up to the next-of-kin.

3. Contact family and friends. Hopefully, the deceased has compiled a list of people to notify in the estate plan. (If Decedent was an Aiston Law client, look in the “Memorial Instructions” section of the estate planning portfolio.)

4. Funeral arrangements. If they are not prepaid, they can be paid from the estate of the deceased. This is also something that the deceased may have expressed wishes about in the estate plan. (If Decedent was an Aiston Law client, look in the “Memorial Instructions” section of the estate planning portfolio.) Determine whether the deceased will have military or other honors.

5. Prepare obituary. Again, the deceased may have helped you with this in the estate plan. (If Decedent was an Aiston Law client, look in the “Memorial Instructions” section of the estate planning portfolio.)

6. Locate estate planning documents and asset information. Hopefully, the deceased has communicated the plan with you prior to death, and hopefully, the documents are not locked away in a hard-to-access safety deposit box. Having an attorney to turn to at this point is invaluable.

7. Arrange care for surviving family and pets. Guardians for minor children must petition the court to have guardianship approved. Guardians should work with a guardianship lawyer for this.

8. Secure real and personal property from theft, burglary, and looting and make an inventory of all personal property.

9. DO NOT immediately accept benefits (retirement, annuities, investments). Contact your Estate Planning Attorney and inquire about the use of disclaimers. There may be tax savings in doing so.

10. Use a team of advisors (attorney, CPA, financial advisor). There will be many legal, financial, and tax issues that come up and it's best to have the advice of professionals in those fields.

11. Contact an Estate Planning Attorney as soon as possible. If there is a Will, it may need to be filed with the Probate Court by a certain date, and Estate Tax returns are due 9 months after the date of death. You may have a state tax return as well; the existence and rules vary state to state. Oregon has an estate tax. You also only have 9 months to decide on the use of disclaimers to save on estate taxes. Without a Will in place, probate may need to be opened depending on the size of the estate. If there is a Trust in place, there will probably be a lot of paperwork that needs to be completed, and this is best handled by an attorney. Also, many states require that estates notify creditors publicly, and the estate must remain open during the statutory time period, so it is a good idea to contact an attorney early on so that the clock can begin.

12. Obtain the death certificate. It is best to get several copies (at least 10), because many of the institutions you will be dealing with will need a copy.

13. Create an inventory of assets (real property, valuable personal property, bank accounts, stocks, retirement accounts, life insurance, etc.). If the deceased has done thorough planning, a spreadsheet of these assets should be with his or her estate planning materials. (If Decedent was an Aiston Law client, look in the “Personal Information” or “Trust Assets” section of the estate planning portfolio. If you cannot locate the spreadsheet, contact our office, as we have retained a copy.)

14. Compile a list of creditors. Continue to check Decedent’s mail for any bills that may come through. Many bills may come through email. If you are able to access the Decedent’s email, check there for any billing statements. You may need a court order to access these accounts.

15. Notification for benefits and insurance. Provide employee benefits, insurance, Social Security, and Medicare offices with: Decedent's name, Social Security number, date of death, whether death was due to illness or accident, your name and address.

16. Other notification: Veteran's benefits, club and credit memberships, disability insurers, utility companies, homeowners, landlord, anyone providing home maintenance.

17. Contact IRS for new Tax ID number for estate or trust.

18. If the Decedent was a business owner, there are obviously additional items to consider. One is whether the decedent had a Buy-Sell Agreement or other type of business succession plan.

Protecting the Decedent’s Identity

Here is a list of extra steps to take to be really careful to protect the Decedent's identity from being stolen:

1. Request the Decedent's credit reports from the three credit bureaus.

2. Request that the credit bureaus suppress the Decedent's credit file.

3. Send a copy of the death certificate to all creditors.

4. Immediately notify Social Security of the Decedent's death.

4. Cancel all of the Decedent's ID cards.

5. Safeguard documents that have the Decedent's Social Security number.

6. Avoid giving too many details in the death announcement (like mother's maiden name, etc.).

If my office can be of help in any other way, please do not hesitate to CONTACT ME.

To your family’s health & happiness,

Candice N. Aiston