Immediate Postmortem Issues

The Deceased

    Regardless of the nature or size of the estate involved, we are often approached preliminarily with questions involving decedent's funeral and disposition of the body. These issues include the possibility of an inquest, decedent's possible donation of body parts, and effectuating funeral directions, if any. All of these matters are addressed in close consultation with the client, both from a psychological and legal perspective.
    
Collection of Death Benefits
   
    We engage in an initial evaluation of possible death benefits including:

        Life Insurance
        Employee Benefits
        Social Security Benefits
        Worker's Compensation Claims
        Annuities
        Other Government Death Benefits

    It is important to contact an attorney today in order to evaluate the possible benefits and determine if it is necessary to dispose of and/or collect these benefits.

Sensitive Emotional Issues

    Our law office is invariably one of the first parties contacted by the surviving relatives. Not surprisingly, this contact is usually an emotional one. Our response and advice must necessarily be tailored to the client’s particular mental states, immediate needs, and circumstances surrounding the death.

    The surviving relatives typically suffer anxiety and uncertainty about the future. This is particularly so in the case of a surviving spouse or domestic partner who has depended upon the decedent to look after the couple's financial affairs.

    At the Law Office of Harold D. Thompson we start with a general discussion about the nature of the probate process and the orderly methods which the law provides for settling a decedent's estate.  An understaning of the probate process can have a significant calming effect. We focus on the basics of probate at this time; the details can come later when the relatives are better able to face the reality of the loved ones passing.

The Probate Estate

    If immediate action affecting the estate is required, proceedings to appoint a “special administrator” may be essential. This is because, under California law, no one is authorized to transact business for an estate unless and until appointed by the court.

    Circumstances that may require appointment of a special administrator include:

        • Consummation of a pending business deal where time is of the essence.

        • Continuation of a business that was operated by decedent.

        • Securities transactions requiring immediate response to market conditions.

        • A will contest or other litigation.


    Further, preservation of estate planning documents for safekeeping and/or filing with the court is paramount.

    Call our office today to schedule a free estate evaluation.