THE TIME TO DO THESE IS BEFORE THE PERSON DIES:
Here's a summary: Find the will and actually read it. Find out about burial vs cremation. Become co-owner of the safe deposit box. Clean up any individually-owned stocks. Set up at least one checking account as a joint account. And do some combination of Living Will and Power of Attorney. The Healthcare Power of Attorney is the most important. Living Will is nice to have. General Purpose Power of Attorney is really nice to have.

1. Find the will. Make sure you can read the names AND ADDRESSES of each witness. If the handwriting is sloppy, then find out the names and addresses, type them up and ATTACH them to the original.
2. Also, take the time to read the will and make sure it makes sense. If it's not clear to you, then it won't be clear to others and that's a HUGE problem (even if it was drafted by a lawyer). In that case, re-do the will.
3. Oh, and if there's no will (oh wait, how do you know you're the Executor? :-), then create one. Now. Today. If it's complex (trusts and such), then get a lawyer. Otherwise, go directly to Amazon and get Quicken WillMaker Plus (the successor to the incredibly-useful WillMaker series by Nolo Press). Some people like to have their WillMaker will reviewed by a lawyer. Some other people wonder why they need a will at all--especially if there are only a few heirs and they "just want to divide everything equally." Answer: So the person can name an Executor, waive the bond requirement and direct that all debts are to be paid by the Estate ... AND to confirm the actual who-gets-what and divide-equally wishes. Without a will, everything will cost more and take longer. A lot longer.
4. Find out now whether the person wants to be buried or cremated. And is there a specific location they have in mind? (Ashes on the Chesapeake, I own a burial plot, etc.)
5. If the person has not done any form of advance directives related to health care, then now's the time to deal with it. For more information about Living Wills, Healthcare Powers of Attorney and other Advance Directives, see
   • FindLaw - nationwide coverage with excellent FAQ and sample forms
   • Maryland's Advanced Directives page - includes Maryland-specific forms
   • Nolo Press - nationwide, overview
   There are two issues covered by advance directives: documenting what the person's preferences are (Living Will), and authorizing someone to serve as the person's proxy (healthcare Power of Attorney). The Living Will is nice to have (sometimes), but the Power of Attorney is critical.
6. At times of extreme medical distress, it's important that someone has the authority to advocate medical and health care issues on the person's behalf. 1) The healthcare Power of Attorney is what gives you that authority. 2) A Living Will "Proxy" might give you that authority, but it might take a few days before it takes effect--and when time is critical, "days" is just too long. (Not to put too fine a point on it, but if the person doesn't want to be hooked up to a thousand machines but it takes a couple days to get the authority to say no ... by the time you get the authority, the machines might already be hooked up and then you're in the much-more-difficult position of asking to have things disconnected rather than not connected in the first place.) And 3) A Living Will without a proxy only documents the person's healthcare preferences but it doesn't give you any authority at all to be the person's healthcare advocate. (Don't rely on the fact that you're "a relative" to give you that authority. Some hospitals might give that authority to a spouse, maybe, but why take the chance?) (In fact, in some cases a doctor or hospital might interpret a Living Will to lock you out of the health care discussion completely.) That's why the healthcare Power of Attorney (or Proxy) is so important. It needs to have no expiration date. It needs to be very specific about authority to make all decisions related to healthcare and delivery of medical services, AND about the authority to specify levels of DNR. And finally, the Power of Attorney should be unconditional. You don't want to get stuck waiting for certifications and paperwork while your loved one is sitting in a hospital bed with no one to advocate on their behalf.
7. At times of extreme medical distress, it's also important that someone can handle financial matters as well. One way to do this is to have at least one substantial checking account set up with you and the person as joint tenants with rights of survivorship. That way, you can pay bills if the person becomes debilitated for an extended period of time, and you can continue to pay bills if the person passes away. A second way to be able to handle things is to have a strong General Purpose Power of Attorney that covers financial transactions as well (e.g., signing checks). This is essential for routine things like paying bills (if the joint checking account doesn't make sense for some reason), but it's also valuable for handling the zillion other things that pop up as well. Frankly, the General Purpose/Financial Power of Attorney is extremely valuable. I did both (joint account and Power of Attorney) and it made things a lot easier--I used both of them.
8. If there's a safe deposit box, you should be set up as a co-owner so you can get into the box on the your own signature (don't rely on just the Power of Attorney for that).
9. FIND OUT if the person owns ANY INDIVIDUAL STOCKS--especially with actual printed stock certificates, but also if they're held by some Transfer Agent. I cannot emphasize enough how much of a pain it is to deal with these after the person has passed away. (Especially if you're in a Lost Certificates situation.) So while the person is still alive, FIND all of the individually-owned stock and ALL stocks owned through a Transfer Agent, then MOVE all of them into the account of the person's stock broker/investment company/whatever. Look in the safe deposit box, look in the checkbook register for automatic deposits, or individual dividend checks. Your objective is to get every individually-owned stock OUT of that status, and into an institution that can transfer all the stock-related assets with a single paperwork transaction.
10. JOINT TENANCIES VS. PROBATE - There's been a lot written about trying to "avoid probate" by putting as many assets as possible into ownership as "joint tenants with rights of survivorship" (JTWROS). This is a dicey area. What's not dicey is this: Husband and wife should own as much as possible as JTWROS. If you can hit 100% on that, then handling the estate is as easy as registering the will and turning over death certificates. (I exaggerate, but not much.) This is pretty much true ALSO if there is only one heir (but then you have to worry about gift taxes that husband-and-wife don't have to worry about). But when there is no spouse and there are multiple heirs, then things get tricky. They're tricky because taxes come into play, and because the tax rules seem to change with each passing fad in Congress. Also, you have to consider more than just inheritance taxes. You have to consider gift taxes if the surviving Joint Tenant plans to "just make things even" by distributing from the joint account. Ironically, when Federal taxes are zero, then you might as well run everything through probate to avoid the gift tax issue. But if the estate is large enough or if other inheritance taxes come into play, then you'll be trying to minimize the amount that gets probated (and therefore taxed). One really dangerous ploy is this: Person wants to pre-divide everything equally and minimize probate but still wants to keep ownership of it in case they live so long that they run out of money ... so the person sets up JTWROS accounts with each heir and tries to divide them up equally. Well, when the person dies, THEY WON'T BE EQUAL ANY MORE. (Interest, rate of return, whatever. They'll be different.) Then everyone has to agree whether they're going to try to "even things out" or whether "hey that was my account." Not a pretty picture. If the estate is big enough, then talk to a lawyer.

DAY 1 - ONLY THREE THINGS FROM AN ESTATE PERSPECTIVE:

1. If the person owns stocks, call the stock broker and ask them to collect, print and save all the date-of-death valuations of all holdings (it's time-consuming for them to do this research after the fact, but very easy to do on the same day). While you're at it, tell them to stop any stock-cash-out distributions that might be going into the person's bank accounts as well.
2. Call the Funeral Home. Oddly enough, even though they will arrange to pick up the deceased within minutes of being notified, they probably won't agree to see YOU that same day. They'll ask you to make an appointment. Fine.
3. As soon as the person dies, any Power of Attorney that you might be using to help pay bills with the person's bank account becomes invalid. If you are co-owner of the bank account you can still use it, but if all you've got is a Power of Attorney then you must stop using that bank account immediately.

DAY 2-ISH

1. If you are co-owner on the decedent's checking account then you can use that account to pay the initial deposit on the funeral expenses. But if all you've got is a Power of Attorney then you need to pay that deposit out of your own personal account (see above). Technically, the bank should refuse payment on any check signed by PoA after the date of death. (Yikes.) Of course, you should get an Estate bank account opened (see below) and move money into the Estate's new checking account promptly (i.e., before the Funeral Home sends you the final bill), so you'll be able to pay that final bill directly from the Estate's account.
2. Make sure the Funeral Home contacts Social Security to stop future checks. (Wait a week, then call Social Security directly as well.) Any automatic deposits (stock, Social Security, pensions) that the person is not entitled to will actually have to be returned (which is harder than you might think it would be :-).
3. Request at least 20 death certificates (the Funeral Home mails them to you). Make sure you find out how to get more when you need them. Really. This is a big deal.
4. Cancel everything (cable, phone, etc.), and if you're getting charged rent in a small room (i.e., Nursing Unit Room, etc.), then move out ASAP. Most of the smaller expenses are not so time-critical, but the daily rent in a nursing unit can be VERY expensive.
5. If you don't already have a copy of the will, instructions, etc., start looking now. Deeds and car titles, too.

SERVICES AND FUNERAL

1. Again, don't try to use a Power of Attorney to pay for things out of the decedent's accounts (see above). If you're a co-owner, then go ahead and use the account. Otherwise, pay for everything out of your own accounts. Then forget about the Estate stuff because the services and funeral will take all your attention.

CHANGE OF ADDRESS FORM

1. As soon as you get a chance, either go to the Post Office and fill out a change of address form, or do it online (yes, you can change a mailing address online). Check the mark that says forward the mail of the "entire family" instead of "an individual"--otherwise they won't forward things that are sent to YOU at his address!
2. Here's the trick: If you change the address online, you have to prove that you're the person who died! Which you aren't. Well that's annoying. Of course if you still have the person's credit card around and the account is still active, you can prove it with that card. Sounds great, but they will charge the card a $1.00 fee. Yeesh. Obviously, go in person if it's convenient--otherwise, spend the buck and move on.

ABOUT THE TIME YOU GET THE DEATH CERTIFICATES

1. Try to figure out which companies are sending the person pension checks--either physical checks or automatic deposits. The trick here is that every "incorrect" pension payment will have to be re-paid--which is a pain. So as soon as you know where the pensions are coming from, contact those companies and let 'em know ... so they can stop, and so you don't have to arrange a repayment.
2. Here's another trick: You can notify the pension companies even if you don't have the death certificates yet. Oh sure, they ask you to send them one, and you will ... as soon as they arrive. (Of course, ALWAYS remember to ask whether they need an actual original or whether a photocopy is OK.) But by letting them know sooner rather than later, you minimize the number of repayments needed.

MAKING THE WHICH-BANK DECISION

1. Pretty soon, you'll be notifying the bank that the decedent has passed away. Unfortunately, unless you co-own the account, access to that account will be frozen until you can get the Estate set up. Oh they'll still honor checks that were written before the date of death, but otherwise it's frozen.
2. If you're a co-owner on the safe deposit box, definitely clean that out sooner rather than later. If you're not the co-owner then you'll have to throw yourself on the mercy of the bank bureaucracy to get into the box. Fortunately, there are some well-established (albeit painful) procedures for the named executor to get into a safe deposit box--since the Last Will might be in that box.
3. Now comes the first possibly-tough decision: Will you use the decedent's bank for the Estate's checking account, or will you use your own? Basically, if you don't have a preference then using the same bank as the decedent's will save you some time in the short run. But if you don't like the people at that bank or if you don't like their customer service, or if you just prefer to deal with your own bank, then don't let the short term advantage be your guide.
4. Here's the short term advantage: Remember that you have to notify the old bank AND create a new account. Both banks will want to see the Death Certificate and your Letters of Administration. Which means waiting until after your visit to the Register of Wills. If you use the same bank as the decedent's, then you can do both steps (notify old and create new) with just one trip to one bank, and you can use just one set of paperwork. Not only does this save time and paperwork, but it also means you can probably open the new account with a check written against the old account--which you probably WOULDN'T be able to do if you use two banks.
5. Will either bank notarize documents for free? Or stamp your stock transfer documents with Medallion Guarantee Stamps for free? If so, that's a HUGE advantage.
6. Try to find the checkbook and checks for the old-bank checking account.

BEFORE YOU GO TO THE REGISTER OF WILLS:

1. Find the will.
2. Call the Register of Wills ahead of time to see if you need an appointment. The Web site says an appointment is mandatory. When *I* called they said "just come on in." But do call ahead - I might have just been lucky.
3. If you live out-of-state, you will need an in-state "Resident Agent" (friend, relative, etc.). Choose the person, print out form 1106 and get the person to sign BEFORE you go the Register of Wills. You need to have this with you.
4. Ordinarily, the Register of Wills sends a certified letter to everyone listed in the will. Or you MIGHT be able to avoid that process and expense by getting them to sign a Consent form ahead of time. Ask to talk to someone at the Register of Wills who can tell you how to avoid that process (it's a form that you would have to get signed, and bring with you ... if the people are out of town, it's easier to just pay the $5).
5. There are three types of Estates: Small, Large and Modified (Modified means you don't have to file an Inventory with the Court--which is good--but only some estates qualify). If you definitely want to do Modified and if you have the time and energy AND if everyone affected is close by, then you could print that form and get it signed by everyone in the will before going to the Register of Wills. That's a lot of ifs and frankly it's not that big of a deal to get it done on day one. You've got three months to make the Modified election and get the paperwork signed.
6. Visit the Web site and do some reading. All the forms are there, but DON'T waste your time filling them out and printing them at home. They've got a slick system at the Register of Wills that prints out everything that's needed. DO READ the forms and instructions so you know what documents and information to bring with you:
   • Decedent's Last Will and Testament
   • Decedent's full name, full address and Social Security Number
   • Death Certificate
   • Funeral Contract/Bill (I don't know why the Web site asks for this ... I didn't need it)
   • Approximate value of assets in the decedent's name alone
     (Don't count life insurance, don't count anything that's joint tenants w/survivorship)
   • Title to decedent's automobiles and/or other motor vehicles
   • FULL names, addresses and phone numbers of all direct descendants AND all people listed in the will
   • SIGNED FORM: Appointment of Resident Agent if applicable
   • SIGNED FORM: Notice-waiver forms if applicable
7. Decide whether you're going to set up the Estate's checking account in the same bank as the decedent's checking account (see above). The Register of Wills doesn't need to know, but if you're going to take off work and want to do it all on the same day then you should really decide this ahead of time. The trick is that you need access to the Internet AFTER the trip to the Register of Wills (to get an Employer Identification Number) but BEFORE opening the new account. Read below for more on this topic.

AT THE REGISTER OF WILLS:

1. Use the decedent's FULL NAME at every opportunity. DO NOT give them the decedent's short form name. Do not refer to any nicknames. Reason: You want the name of the estate to be "Estate of JOHN ADAMS DOE" instead of "Estate of JOHN ADAMS DOE a/k/a JOHN A. DOE a/k/a JACK A. DOE". (Yikes again.)
2. Use your OWN full name as well. This might seem like a pain, but it's a whole lot easier than constantly having to write your name as "JANE ADAMS DOE a/k/a JANE A. DOE, PERSONAL REPRESENTATIVE."
3. When they ask how many Letters of Administration you want, the correct answer is: As many as you'll give me. (That'll be twelve.) And yes, you want them today and you'll wait. Plus, make sure you find out how to get more when you need them.
4. If they print out any blank forms for you to sign and fill out later, ask them to print two instead of just one.
5. Make sure you understand all your deadlines--both the due-by deadlines and the wait-until deadlines. For every item, find both the deadline and the can-I-do-this-tomorrow limits.
6. You'll have to choose a newspaper to have notices printed in. No big deal. The newspaper will bill you.
7. Yes, I know the will says you don't have to post a bond but you still have to post a bond anyway. It's called a "Nominal Bond" and it doesn't cost much. BUT MAKE SURE that the bond paperwork says "NOMINAL BOND" at the top. (If you accidentally didn't get the nominal bond, it'd be pretty expensive! :-)
8. At the very end, make sure you get copies of everything. And if you could get back the original certified copy of the death certificate (the one with the raised seal), that would be terrific.
9. If there is real estate in another State, you may also need a certified copy of the Will itself. I didn't do this during my visit and had to arrange it by mail afterwards ... you should ask and see what the options are.
10. Obviously, you'll want names and phone numbers of the people you worked with today.

SAME DAY: OPTIONAL VISIT TO OLD BANK

1. If you're using a different bank to set up the Estate's checking account AND if you're driving near the old bank, you might want to drop in and hand them the paperwork (death certificate and Letters). Doing this in person is optional because you can fax it afterwards if the trip would be inconvenient. But notifying them right away is not optional. If you have to do this by phone/fax, remember to do it the same day!
2. Of course if you haven't been able to get into the safe deposit box, then this trip is Not Optional. Now's the time ... with Letters In Hand.
3. If you visit in person like this, be sure to have them identify ALL accounts with his name--and to tell you whether the accounts are held individually or jointly with others. Of course get balances and account numbers.

SAME DAY: EMPLOYER IDENTIFICATION NUMBER

1. The newly-opened Estate needs its own taxpayer identification number, and the type of number they assign to estates is called the Employer Identification Number (EIN). Not a TIN and not an ITIN. ("Employer"? Don't gripe--you're dealing with the federal government. :-) (BTW, someone corrected me that this is actually an "Entity ID Number," but the IRS Web site uses the term Employer so that's what you're looking for. :-) Good news: You can get one assigned to the Estate online. Use www.irs.gov and it only takes about five minutes. Bad news: You need this BEFORE you go to the bank where the account will be set up, which might not be easy. (Starbucks charges $10 a day for Internet access. :-)
2. DO NOT choose the option to have them mail it to you. DO CHOOSE the option to download it as a PDF file. Then you can print it as many times as you like. If you've got access to a printer, then print it. Otherwise, just write down the number and you'll tell the bank to expect the printout in the mail.
3. Obviously, download the PDF file to your hard disk, but less-obviously: Remember to print the Web page that says what your number is and that tells you how to download it. In fact, don't just print that page, do a "Save As" to save that page to your hard disk as well (so you'll have saved a PDF file AND a Web page).
4. Here's another trick: The page that pops up NEXT contains valuable information as well. You should print that page too. More bad news: Once you go away from those two pages, the system WON'T let you go back to them. So print and save when you can.

SAME DAY: OPEN A CHECKING ACCOUNT FOR THE ESTATE

1. You are so ready. Take your Letters, your newly-created EIN, and the official death certificate, and set up the new account. They should NOT require a minimum balance on an Estate Account, but check to find out what they're giving you.
2. If you're doing this at the decedent's bank, then you should combine "notify" with "create" and you should be able to write a check from the old account and deposit it in the new account. Otherwise, you'll have to write a check from your own personal account (or use cash).
3. DO ask for an ATM card (you may have to make deposits after hours and you definitely want the option). Also make sure you're allowed to use the bank-by-phone options. (They'll mail the ATM card to you.)
4. They should give you starter checks on the spot, plus a receipt for your deposit.
5. You almost forgot, didn't you? In the checkbook register, write down the date that the account was opened, and list the initial deposit, plus where that deposit came from (cash, personal account, etc.).
6. If you're doing this at not-the-decedent's bank, then remember to call the old bank as soon as you're done here, notify them of the death, then find out exactly what they need to have faxed to them.

REAL ESTATE IN ANOTHER STATE?

1. Oh man. Find a lawyer in that location, because you're going to need an ancillary Estate opened there as well, plus appraisals, a whole new set of paperwork, and ultimately a transfer of the property to the people named in the Will. And if the heirs decide to sell the property, you'll need help with that, too.

INDIVIDUALLY-OWNED STOCKS?

1. Oh man again. The process for transferring ownership of individually-owned stocks is a serious pain. The paperwork isn't so bad, but when they tell you that you'll need your signature "certified" with a Medallion Guarantee Stamp (which, yes, really requires a trip to the bank or stock broker), and inform you that a Notary Seal Is Not Acceptable, then you'll be wishing that you'd already found all the individually-owned stocks and already moved them into the stock broker's account. Anyway, let's assume that despite your best efforts to avoid this step, you've found a handful of individually-owned stocks after the person passed away. (And let's hope the number isn't fifty! :-)
2. If you have the physical stock certificates ("certificated shares"), or own them through an account with the company's designated Transfer Agent ("book entry shares"), then the Transfer Agent will be able to get you the forms and instructions for completing a transfer. But if you have no account and you can't find the certificates, then you'll have to go through the process for replacing those lost certificates. (Yikes is right.) Fortunately, the Transfer Agent will be able to help you with that, too. ("Help," by the way, is used quite loosely in that sentence. Transfer Agents are huge bureaucracies with paperwork running through their veins.) It is so much easier to do all of this when the person is still alive. You could even do a lot of this online!
3. Step One is to replace any lost certificates. This has to be done before the ownership can be transferred.
4. Step Two is to transfer ownership from the decedent into the Estate of the decedent. Because of the mix of medallions and notarizations, try to do them all at once.
5. Step Three is to get the stocks out of being individually-owned. Either transfer them from the Estate of the decedent over to the stock broker (yet another trip to the bank or stock broker), or simply liquidate the stocks and have them send you (i.e., send to the Estate) a check.
6. Trick One is how to find everything! In both estates I ran, I kept finding new stocks in places that no one thought of. DEFINITELY: Go through the past couple-of-years of taxes looking for 1099s. Go through the past year-or-longer of bank statements, credit union statements, etc., looking for automatically-deposited dividends.
7. Trick Two is really tricky. Here's the background: When you call up a Transfer Agent to request transfer instructions for the person's share of AT&T stock, THEY WON'T VOLUNTEER that they're also holding shares of Comcast and Verizon. (You're KIDDING!) (No, I'm not.) You have to ask out loud: "Do you have records of any OTHER stocks or securities owned by the decedent?" ... Sadly, the answers I got from this type of verbal request were not reliable, so you should make a written request as well. Specifically:
8. Trick Three is that ANY time you write to a Transfer Agent to transfer the shares of one stock, you should include a separate letter--requesting specific information on any other shares or securities they have records for on behalf of the decedent--including both book entry and certificated shares.
9. Trick Four is online access to Transfer Agents! Some Transfer Agents offer online access to all the stocks held by them on an investor's behalf. That is so cool! This lets you log onto the decedent's account and really verify what the person owned and didn't own--at least through that Transfer Agent.

1. Pension / Retirement Plans
2. Bank / investments (remove name from joint accounts or close accounts)
3. Open an estate account with a bank
4. CDs and IRAs
5. Credit card accounts
6. Life insurance on decedent (death claim filing)
7. Life insurance on others if decedent was a beneficiary (change beneficiary)
8. Auto insurance
9. Health insurance
10. Regarding the Estate: Register of Wills, Lawyer, Financial advisor
11. Utilities (phone, electric, gas, oil, propane, cable, Internet, etc.)
12. Post Office (change address)

1. Cancellation of subscriptions
2. College and University Alumni files
3. Motor Vehicle Administration--cancel drivers license
4. Motor Vehicle Administration--vehicle title change (boat?)
5. Financial reallocation
6. Mailing of thank you cards
7. Social Security surviving spouse benefits?

1. Obviously, there are Court rules that require the Estate to stay open a minimum period of time, and not to exceed a maximum
2. However, you have flexibility between the max and min. Here's a Big Trick:
3. Maryland lets you skip filing a Form 504 Income Tax Return ONLY IF you open and close the Estate in the same calendar year. Other conditions apply, but that can be an important tidbit for some situations!

More to come.

ONGOING HINTS:

1. Always have five things handy: Decedent's social security number, address, phone number, the Estate number, and the Estate's EIN.
2. The original death certificates and original Letters are like gold. Some places that you deal with will require originals. Others not. ALWAYS ask to find out what they really need and NEVER give away an original without asking.
3. When you make copies of (or fax) the death certificate, realize that it's longer than a normal 8-1/2 by 11 sheet of paper. Either copy it onto legal sized paper, or reduce it from legal-to-letter. Whatever you do, don't give anyone a copy that's just cut off at the bottom.
4. When you photocopy the death certificate and Letters, use the little pencil rubbing trick (smudging) to make sure the embossed seal in the original shows up in the photocopy.
5. Well this is pretty sleazy: A few days after the death notice is published, you'll start to get letters and maybe even phone calls from people who want to "help you" through this process. They especially want to buy real estate for considerably less than it's really worth.