There are many assumptions about what happens after somebody dies. Like who’s in charge, who gets what and what you can and can’t do. Having the wrong assumptions can land you on the wrong side of the law and paying unnecessary fees and expenses. Many activities seem like “duh”…I know I can’t do that, while other actions are a surprise to many.

So, when speaking with families embarking on the duty to administer their loved one’s estate, I normally run down a list of DOs and DON’Ts. Although not an exhaustive list, here are my top 10 tips for staying out of trouble while wrapping up your loved one’s affairs.

1. A power of attorney dies with the person. As soon as you are notified of the person’s death you can no longer act on their behalf. No exceptions.
2. The moment a person dies, all their worldly possessions solely owned by them becomes the property of their estate. You CAN’T sign a sales agreement for a house in anticipation of becoming the Personal Representative of the estate. The contract is not only void because you have no authority but you may never be appointed by the court.
3. Generally speaking, if you are living in a house owned by an estate, you are responsible for paying the mortgage, HOA fees and/or utility bills. No free rides here even for spouses and adult children.
4. A person’s Will should be filed and administered through the local probate court as soon as practical. Delays can cause confusion in property ownership and result in the loss of property to tax sales, foreclosures and family fights.
5. If the decedent has no Will but still own property solely in their name, the person’s estate should still be administered through the local probate court in a timely manner.
6. Even if your loved one dies with some or most of their assets in a Trust, their estate must still be administered.  Non-action can be costly later down the road.
7. If you are the next of kin, you are not personally responsible for the debt left behind solely in your loved one’s name. HOWEVER, if the debt is secured by the home you are living in or the car you are driving; to avoid that asset from being sold, you may have to pay the debt or assume the debt.
8. Estate funds should never be commingled in your personal account. And, those funds should only be used to pay for things related to administering the decedent’s estate. It is NOT your personal piggy bank.
9. If you are serving as the Personal Representative of an estate, even if you are the sole beneficiary, your duty is to act in the best interest of the decedent’s estate and not your own self-interest.
10. Lastly, keep a good paper trail, keep up with deadlines and keep all interested parties informed. You are always one missed deadline or one angry person away from being relieved of your duties!

If this seems too much to navigate on your own, wise counsel is always a phone call away. Remember, it is a privilege and honor to settle the affairs of another. Someday, hopefully not too soon, somebody will return the favor for you.