Mom Died, Now What? 

In this article, we’ll outline why you need an attorney to assist you in developing and implementing a post-death estate/trust administration strategy.  This is a difficult, emotional time. It’s why you should call the Estate and Trust administration attorneys at Gross Welch Marks Clare. We have decades of experience helping adult children navigate the next steps in trust and estate administration in Nebraska. 

The first questions you need to address are, did Mom have pre-paid or leave funeral/burial instructions?  If so, who is in charge?  Then, take a breath and as a family, you should pick a spokesperson and family point of contact.  That is the person who will start the following:  

Performing a Preliminary Estate Analysis 

  • Meet with Mom’s estate planning counsel (or your own, if you have one) to review Mom’s estate plan, estate meeting notes, and other documents needed (i. e., specific information and data that will be relevant during estate administration). 
    • Summarize Mom’s plan – you will reference this summary throughout the administration process. 
    • Create tasks to help manage all steps of administration. 
    • Calendar important dates. 
  • The attorney will assist you in the review of Mom’s Revocable Living Trust (RLT) and Amendments, and Mom’s Will. 
    • What are the dispositive provisions of the RLT (i.e. specific gifts, identification of trust beneficiaries)? 
    • Does the trust contain a marital deduction clause? If so, how is that clause designed? 
    • Did Mom hold any powers of appointment in another individual’s estate plan? 
    • What are the Trustee powers? 
    • What accounting and reporting requirements are contained in the trust agreement? 
    • Are there any drafting errors or ambiguities under the trust agreement? If so, what 
    • Remedies are available and what steps must the trustee take (i.e., beneficiary consent, judicial modification, decanting)? 
  • Meet with the attorney to discuss Mom’s Last Will and Testament 
    • Is there a pour-over Will? 
    • Are there any dispositive provisions in the Will, independent of or inconsistent with the RLT? 
    • Is the Personal Representative under the Will the same as the successor trustee under the RLT? 
    • Does Mom have any minor children? (Is a guardianship/conservatorship proceeding required and what role, if any, will you or the trustee have in this proceeding?) 
    • Are there other estate planning documents such as an Irrevocable Life Insurance Trust (ILIT), Grantor Retained Annuity Trusts (GRATs), Charitable Remainder Trusts (CRTs), etc.? 
  • Meet with the attorney to discuss other documents and assets to review and inventory: 
    • Memorandum of personal property. 
    • Deeds. 
    • Life insurance policies. 
    • IRA, 401(k), other retirement accounts. 
    • Mom’s prior Income Tax Returns.  Her income tax returns will help identify assets and sources of income and may help you also help you estimate income tax liability for Mom’s final tax return. 
    • If Mom had a CPA prepare her income tax returns, that CPA will be a very 
    • Important collaborative advisor to work with through the postmortem administration process. 
    • Prior Gift Tax Returns. 
    • Banking account and investment account statements. 
    • Other Title Documents; e.g. automobiles, boats, etc. 
    • Did Mom own assets that may not have a title; e.g., art, gold, coins, stamps, other collectibles?  
  • Are there troublesome or challenging issues, e.g., assets held in joint tenancy or with transfer on death beneficiary designation that should not be, are there predeceased beneficiaries, etc.? 

Next, Identify Beneficiaries and Heirs at Law 

  • Meet with the attorney to discuss who are the Heirs at Law? 
  • Who is the Personal Representative required to notify and when? 
  • Can accounting be waived? 
  • Is a bond required? 
  • Ascertain early any potential disputes with beneficiaries regarding distributions and allocations of expenses, and whether any disputes can be resolved by non-judicial settlement agreements. 

And Identify Immediate Needs and Prepare for Probate, if Necessary 

  • Preliminary identification of creditors, debts, and liabilities. 
  • Request credit report for Mom. 
  • Discover or confirm Mom’s creditors. 
  • Shut down Mom’s bank, investment, and social media accounts to prevent identity theft or fraud. 
  • Assess the needs of spouse and other dependents. 
  • Consider advancements or preliminary distributions. 
  • Note: If the probate estate does not have sufficient liquidity, the trust may be responsible for the payment of various statutory allowances such as exempt property, homestead allowance, and family allowance. 
  • Meet with the attorney to discuss the appropriate method for transferring assets outside of Mom’s trust into the trust. This might require probate. 
  • What type of probate will be required? 
  • Identify probate property. 
  • Search the Secretary of State repository for unclaimed property. 
  • Will ancillary probate in another state also be required? 
  • Will a Federal Estate Tax Return (Form 706) be necessary? – In Nebraska, an Inheritance Tax Return will be necessary. 

The Estate and Trust attorneys at Gross Welch Marks Clare are experienced is assisting family members work through the unfamiliar requirements and duties of estate or trust administration and Inheritance Tax Determination after the death of a loved one.  We are here to provide support and guidance. Talk to an attorney at GWMC today. Call us at (402) 392-1500.