I thought it would be fitting to talk about something really uncomfortable for our 100th edition of the newsletter – and what’s more uncomfortable than death?

In all seriousness, when someone dies, in addition to the grief felt from the loss, there are other practical things to know and do to make sure the transition is as easy as it can possibly be.

So, here are three things to know when someone dies.

1. The Power of Attorney only works while you are alive.

This is something we hear and see a lot that can create some problems if not handled properly.

A lot of kids become POA for their parents as they age, and when they do pass away it feels like the ability to do that should continue – but it doesn’t.

The POA is only active and functional while alive. After that you need to look to other empowering documents, like the Will.

Which brings us to important thing #2.

2. The Will does not make you executor (personal representative) until the court says so.

Contrary to popular belief, naming someone to be your executor doesn’t automatically make them so when you die.

The court is the only thing that has the ability to appoint someone as the executor.

“Then why do I have the Will?” you might be thinking.

The Will makes it clear to the court who you want that person to be and streamlines the process – but until the court validates your Will and names your executor, that person has NO power to act.

Does that mean the executor should do nothing? No. There will be things to take care of that require immediate attention (funeral plans, etc.), and they should be.

But, you should not use funds from the deceased’s bank account, etc., to do so – you, as the executor, don’t have authority to access and use them.

Instead, pay out of pocket, keep receipts, and reimburse yourself when the time is right.

3. Stop paying most bills when the person dies.

Many people worry about outstanding bills that exist when someone dies.

Don’t worry about them.

First, you, as the executor (or Trustee) are not personally responsible for the bills of the decedent.

Note – if you are married and your spouse dies this doesn’t apply – mostly. Most debts in WA state are community debts (created during marriage) and transfer to the surviving spouse, even if only in the decedent’s name. Debts incurred prior to marriage or from separate property don’t transfer. If you’re not sure about this, talk to us. :)

Second, if the debts are related to the upkeep of property (insurance on a house, utilities on a house, etc.), you should consider paying them to maintain the property until it is transferred where it is supposed to go.

Third, there is a specific process for creditors to follow to get paid for debts owed by the decedent. Let them follow the process.

Fourth, and finally, with all of that being said, if you think the bill is legitimate and want to pay it, that is okay too.

That’s it. 3 important things to know when someone dies.

Have a great week!

Cheers,

Christopher Small
Founder/CEO
CMS Law Firm LLC

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