 |  While we are involved with death on a daily basis, we never forget that completing all of the necessary arrangements of a funeral service is a task most families face only a few times. The following links may be helpful to you during your time of loss.
Steps to Take at Time of Death Depending on where the death occurs and under what circumstances, this section explains what you should do when a death occurs:
Funeral Arrangement Conference To assure that one of our funeral directors is immediately available and can devote the personal attention and time needed to make the arrangements, we would request that you call to schedule a mutually convenient arrangement time. Although the vast majority of funeral conferences are handled during normal business hours, we are available to come to your residence or meet in the evenings or weekends. One of our funeral directors is always on duty, 24 hours a day, every day of the year. When you come to the conference, you may want to bring the following items with you:
During the funeral arrangement conference, we will ask you how many certified copies of the death certificate are needed. As part of our services, we will obtain certified copies on your behalf. Although we try to obtain the certified copies prior to the completion of the funeral service, this is not always possible. In order to assist you in ascertaining the number of certified copies needed, below is a worksheet:
*Note: It is important to understand that in some cases, you need to obtain a certified copy of the death certificate without a cause of death. These certificates are needed to transfer the title on a house, mobile home, automobile, or in some cases, court procedures. Whenever there is a procedure requiring a death certificate that will be placed into the public records the certificate cannot have the cause of death listed. Normally you will need death certificates with the cause of death listed for making claims on life insurance, veterans, employee or union benefits. Please note that we will notify Social Security of the death so a death certificate may not be needed for that purpose. back to top Social Security Benefits Social Security benefits may include:
500 North Hiatus Road Pembroke Pines, Florida 1-800-772-1213 www.ssa.gov Handling the Estate The first step in the settlement of the estate is establishing the validity of the decedent's will. Once the original will is located, it is submitted to the proper court for a decision on its validity. Unless the will is drafted, executed, and witnessed in full conformity with all the technical aspects of state law, it will not be admitted into probate. If the will is declared to be valid, the executor named in it will oversee the transfer of the assets. If a valid will cannot be found, the court will usually appoint a relative of the decedent to serve as administrator of the estate. The estate will then be distributed under the state laws of intestacy, although such a settlement may be completely contrary to the decedent's intentions and desires. The legal complexities of the estate settlement should be entrusted to a lawyer who is knowledgeable in estates, wills, and probate. If you do not have previous experience with an attorney, you may wish to consult with a close friend, neighbor, or employer who can recommend a lawyer experienced in estate settlements, or contact your local Bar Association for a referral. Boyd's Family Funeral Homes, upon request, can provide you with the names of several attorneys that are wiling to help you during this time. There is a provision in the Florida Probate Court that may be used when a decedent dies, "leaving only personal property, the entire value of which does not exceed exempt property, preferred funeral expenses, and reasonable and necessary medical and hospital expenses of the last 60 days of the illness." In such cases, any interested party may make application to the court. The application may be made in the simple form of an affidavit or even a letter. If the court finds that the situation is as stated in the application, the court may simply by letter under a seal, "authorize the payment, transfer, or disposition of the personal property, tangible, or intangible, belonging to the decedent to those persons entitled." In most instances, you will not need the assistance of an attorney to use this procedure. You can go directly to the Probate Clerk's Office at the Circuit Court. For a small filing fee, the clerk will complete the necessary paperwork. Boyd's Family Funeral Homes realizes the importance of getting your life in order before and after a death, which is the reason we have developed the Life Planning Service Seminars. These seminars offer helpful guidance and assistance in getting a simple will, living trust, living will, and health care surrogate forms. We can also help you contact a local attorney to answer any legal matters that may arise. Boyd's Family Funeral Homes also offers an Estate and Life Planning Portfolio. This booklet will allow you to document your insurance policies, bank accounts, investments, stocks, and their locations. It also gives you important information about Social Security, Medicare, and Medicaid. back to top Veteran's Benefits Boyd's Family Funeral Homes stays current on Veteran's Benefits and specialize in explaining and obtaining the benefits that you are entitled to receive. As an honorably discharged veteran who served during wartime, you and your spouse may be entitled to many FREE benefits through the National Cemetery System and Veteran's Administration. Some of these benefits are:
Broward County Veterans Services Satellite Courthouse 3550 Hollywood Blvd. Hollywood, FL (954) 831-0420 Regional Office, St. Petersburg, FL 1-800-827-1000 www.va.gov Survivors of certain veterans may qualify for:
Financial Sources and Benefits At times, fraternal organizations, lodges, clubs, union welfare funds, retirement plans, and employers of the deceased person's also pay death benefits. Contact these organizations and companies to find out if such claims can be made. Your funeral director often includes this task among his professional services. The deceased's employer can also tell you if payments are due from unpaid wages, pay for unused vacation, illness benefits, group life insurance, disability income benefits, hospital benefits, or worker's compensation payments. back to top Bank Accounts and Safety Deposit Benefits Since banks are subject to both state and federal regulations, procedures in the event of the death of an account owner or safety deposit box renter, can vary greatly from bank to bank. Some states have been known to automatically freeze join bank accounts when one of the joint owners dies, although this is not the case in Florida. To avoid problems, contact your bank directly, or through your attorney, to determine the amount of money accessible, to learn the procedures for releasing these funds, and to establish a new account for funds received after the death. In some states a safety deposit box is sealed when the renter of the box dies, but not in Florida. Florida banks allow the co-owners normal use of the safety deposit box. If the box is in sole ownership, the bank will require a certified copy of the death certificate and letters of administration from probate court to gain access to the contents. Your bank or attorney can provide you with any additional information. back to top Insurance The filing of an insurance death claim should be an uncomplicated procedure. Contact the insurance company's local office or agent who can handle the claim for you. If there is not an office or agent in the area, write a letter to the company's home office (shown on the face of the policy), along with a certified copy of the death certificate. Be sure to inquire if there are refunds of premiums that may have been prepaid. If the death resulted from an automobile accident, the automobile insurance policy may include accidental death and medical payment provisions that also can be claimed. Boyd's Family Funeral Homes can assist with the processing of insurance claims for the family. This would also be a good time to review your own insurance policy and make any changes necessary, such as changing the beneficiary. If you are having difficulty in locating a company that issued a policy, or perhaps an insurance company has been taken over by a new company, assistance may be acquired by contacting:
Information and Reference Service 1001 Penn Ave., NW. Washington, DC 2004 (202) 624-2000 www.acli.com
** When turning in the life insurance policy, request a receipt as well as record policy numbers for your records. Other types of insurance benefits:
Notifying Creditors Creditors should be informed promptly following a death. If there is to be a delay in meeting debts or installment payments, you may be able to file for extensions. Many creditors are sympathetic to these situations and are very willing to grant such a request. If credit insurance or mortgage insurance policies were in force, purchases made on credit (automobiles, furniture, etc.), or the home mortgage may be paid off by the insurance. The lending institutions involved can advise you about filing these claims. In most circumstances, Joint Tenancy with Right of Survivor automatically leaves to the surviving spouse or to the party that shared ownership of the home. In this circumstance, nothing has to be done until the property is sold or transferred. When a federal estate tax return is not required to be filed with the Department, the personal representative may file an Affidavit of No Florida Estate Tax Due with the clerk of the court. Boyd's Family Funeral Homes has copies of this form if you need them. If the property is in the deceased's name alone, the property then would become part of the estate, and the attorney handling the estate would handle the necessary steps. back to top Widow's Exemption Property Tax This may be done at the same time you file for your homestead exemption. You will need to send a certified copy of the death certificate along with the renewal card, which arrives in January.
Satellite Courthouse 3550 Hollywood Blvd. Hollywood, FL (954) 831-0470 www.bcpa.net Real Estate and Joint Property The rules for transfer of jointly owned properties may vary. Your attorney can provide assistance and advice in these matters. When a house or land is owned jointly, it can often be passed to the survivor without probate action. However, some forms of joint or community ownership do require probate. If stocks or bonds are owned jointly, "with right of survivorship," the beneficiary can arrange for transfer of title by presenting the required documents to the company's stock transfer agent. The local motor vehicle office will supply information and forms for title transfer of a jointly owned automobile. You will also need a certified copy of the death certificate without a cause of death. With some exceptions, all other property owned solely by the deceased or held in other forms of joint ownership will be distributed under the terms of the will. If there is no will, the property will be distributed according to the state law. back to top Auto and Mobile Home Transfer of Title Depending on your relationship to the deceased, you will need certain documents to transfer the title of a vehicle or mobile home.
3550 Hollywood Blvd. Hollywood, FL (954) 765-5050 www.hsmv.state.fl.us
Bank Accounts At least one joint checking or savings account should be left open for at least six months. This will allow you to deposit any checks that you are entitled to but are in the deceased's name. EXAMPLE: Hospitalization insurance reimbursement check. On the back of the check put, "Deposit only." PRINT the name of the deceased, and the account number, and then deposit it normally. AFTER SIX MONTHS: When it is time to take the deceased's name off the accounts, the bank will want to have a certified copy of the death certificate. A certified copy will also be necessary for any accounts that are left "In Trust For" someone (I.T.F.). Your bank can also advise you about a certificate of deposit or IRA. Both will need a certified copy of the death certificate to be released if they are in the deceased's name. back to top Stocks and Bonds Call your broker for advice. Normally if the stock or bond is held jointly, the broker can transfer them with just a certified copy of the death certificate and the certificate of stock. Federal issued bonds may be redeemed at a Federal Reserve Bank or by contacting:
1-800-722-2678 Bureau of the Public Debt Washington, D.C. 20336 (202) 691-3500 www.publicdebt.treas.gov Tax Considerations Federal Estate Tax applies to property owned by the decedent at the time of death. Florida does not impose either an inheritance tax (levied against the heirs), or a state estate tax (similar to the Federal Estate Tax). Estate Tax Laws and regulations are complex and your attorney or tax advisor can best give detailed information on requirements. When you have two residences, the tax laws of your primary state of residence may apply. Consult an attorney for clarification. Income Tax: A surviving spouse can still file a joint income tax return in the year the death occurs. In some circumstances they can use the tax advantages the joint rate offers in the following year. You should consult your tax advisor on your different options. If your spouse or you are the personal representative of someone who was filing a quarterly tax return, you should plan on filing the next quarter's return. Send a notification of death along with the return and contact the Internal Revenue Service or your tax advisor for further advise. If the decedent was single, the personal representative must file an individual tax return. Send a notification of death along with the return. Any refund would be applied to the deceased's estate. Contact the Internal Revenue Service or your tax advisor for further advice. back to top
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