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My Mom Just Died: Now What Do I Do?

Posted by Anthony Serra | Oct 16, 2024 | 0 Comments

Losing a parent is one of the most emotionally challenging experiences we face, and when it happens, knowing where to start can feel overwhelming. If your mother has passed away in New Jersey, there are important steps you'll need to take in the days and weeks that follow to manage her estate, settle her affairs, and ensure her wishes are honored. This brief guide will walk you through the process to help navigate this difficult time with as little added stress as possible.

1. Get Death Certificates

Obtain multiple copies of the death certificate from the funeral home or New Jersey's Vital Statistics Office. You'll need them for various tasks, like probating the will, closing accounts and filing claims.

2. Locate the Will and Identify the Executor

Find the original will, if there is one. It should name the executor responsible for handling your mother's estate. If there is no will, the estate will follow New Jersey's intestacy laws, and a court-appointed administrator will need to be applied for and appointed.

3. Contact the Surrogate's Court

Submit the original will (not a copy) to the Surrogate's Court in your mother's county to start the probate process. If there's no will, apply for letters of administration to manage the estate.

4. Notify Financial Institutions and Agencies

Notify important entities, including the Social Security Administration, banks, insurance companies, and credit bureaus. This ensures accounts are handled properly, and identity theft is prevented.

5. Secure and Inventory Assets

Secure valuable assets like real estate and personal belongings. Create a detailed inventory to keep track of everything.

6. Pay Debts and Taxes

Before distributing assets, ensure the estate's debts and taxes are paid. Consult an attorney to understand any New Jersey inheritance tax or federal estate tax obligations.

7. Distribute the Estate

Once all debts and taxes are cleared, distribute the remaining assets to beneficiaries as outlined in the will or by New Jersey intestacy law if there is no will. You will also need to obtain Refunding Bonds and Releases from all the beneficiaries.

8. Seek Support

Unfortunately, dealing with grief is part of the legal process which can make even simple tasks seem much more daunting. Don't hesitate to seek help from friends, family, or a counselor. It is not a sign of weakness (indeed it is a sign of strength) if you seek help from others in times of high stress and anxiety.

Conclusion

While the legal and logistical tasks after a parent's death may seem daunting, breaking them down into manageable steps can help you focus on what needs to be done. It's always wise to consult with an attorney who specializes in estate administration to ensure you're fulfilling all necessary obligations and honoring your mother's wishes. By taking these steps, you can work through the process with clarity and care during this difficult time.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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