Morrison Law Group, PLC

Estate Planning | Business Planning

Attend a Free Workshop SCHEDULE A CONSULTATION

Offices in Metairie & Covington (504) 831-2348

  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • Estate Planning Pre-Consultation Form
    • Reviews
      • Our Reviews
      • Review Us
    • Request a Guest Speaker
    • Succession Pre-Consultation Form
  • Estate Planning
    • Asset Protection
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Probate and Successions
    • SECURE Act
    • Special Needs Planning
  • Medicaid Planning
    • Medicaid & Nursing Home Planning
    • Free Medicaid/Long-Term Care Calculator
  • Business Planning
    • Business Planning
    • Business Succession Planning
    • Family-Owned Businesses
    • Small Business Medicaid Planning
  • Resources
    • Estate Planning Resources
      • Estate Planning Definitions
      • Estate and Gift Tax Figures
      • Estate Planning Reports
      • Estate Planning Checkup
      • Is Your Estate Plan Outdated?
      • Incapacity Planning Definitions
    • Elder Law Resources
      • Are You A Caregiver?
      • Coping With Alzheimer’s
      • Guardianship & Conservatorship
      • Hospice Care
      • Elder Law Reports
      • Elder Law & Medicaid Definitions
    • Newsletters
    • Trust Administration & Louisiana Succession Resources
      • Bereavement Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
    • Families of Children with Special Needs
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Trust Administration & Probate Frequently Asked Questions
      • Legacy Wealth Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
  • Blog
  • Contact Us

What to Do After a Loved One Dies

April 20, 2021 by Ronald "Chip" Morrison

The death of someone near and dear can be a stressful time.  Your life is disrupted by the loss and your grief.  Often, it can be a confusing time, both emotionally and logistically.  

Who has what responsibilities? Here’s a quick look at different roles involved at someone’s death:

Executor—The Executor or Executrix, also known as the Personal Representative, has the duty of safeguarding and collecting and managing assets which the decedent owned at death, in accordance with the Will.  He or she will make distributions as directed in the Will.  The Executor also has responsibility for filing the estate tax return, if necessary.

Trustee—The Trustee is the person in charge of managing and distributing any assets held under a Trust.  The decedent may have had one or more trusts that he or she established during his lifetime.  The Trustee must follow the Trust document, which provides the terms by which the assets are to be held and distributed.  Often, the Trustee must work with the Executor for a coordination of efforts regarding assets.

Agent under Property Power of Attorney—The person who was acting under the Property Power of Attorney, called the Agent, no longer has authority once the Principal has died. 

Agent under Health Care Power of Attorney—The Agent may have authority to allow for organ donation or cremation.

Guardian—A guardian is a person nominated in the Will to care for the decedent’s minor children.  While it is up to the court to decide who will get custody of the children, the decedent’s choice of guardian will be given due weight.

The first step, of course, is for the family to make any funeral arrangements.  Immediately after death, the Executor or Trustee will need to make sure any assets are safe.  For example, if the decedent lived alone, it would be wise to change the locks on the door to prevent someone with an errant key from gaining access. 

Next, the Executor / Trustee should consult with an attorney who focuses on estate planning and administration.   The attorney will help guide you through the next steps to be taken, which will include gathering the assets and following the terms of the documents.    This step need not be done immediately, but an appointment should be made within two weeks after the death occurs.  In the interim, it is important that you do not re-title any assets of the decedent and that you make no distributions to any beneficiary, including yourself. 

The attorney will help guide you through the next steps, which will be unique to your circumstances.  The attorney will help you circumnavigate the many potential pitfalls and achieve the best result possible.

Mr. Ronald “Chip” Morrison, Jr. is a member of the American Academy of Estate Planning Attorneys and has been engaged in Louisiana trusts and estate law for the last 16 years. Our firm serves clients throughout southern Louisiana. For more information or to attend an upcoming seminar, please call our office  at (504) 831-2348 or contact us through our website.

  • Author
  • Recent Posts
Ronald
Ronald "Chip" Morrison
Ronald “Chip” Morrison, Jr. is a Board Certified Estate Planning Law Specialist as certified by the Louisiana Board of Legal Specialization. He is admitted to practice before all State courts in Louisiana. He is also admitted to practice before the United States District Court for the Eastern and Middle District of Louisiana.
Ronald
Latest posts by Ronald "Chip" Morrison (see all)
  • How to Leave a Mess to Your Heirs - January 30, 2023
  • A Plan by Design or by Telephone? - January 27, 2023
  • Planning to Benefit Non-Traditional Beneficiaries - January 24, 2023

About Ronald "Chip" Morrison

Ronald “Chip” Morrison, Jr. is a Board Certified Estate Planning Law Specialist as certified by the Louisiana Board of Legal Specialization. He is admitted to practice before all State courts in Louisiana. He is also admitted to practice before the United States District Court for the Eastern and Middle District of Louisiana.

Morrison Law Group, PLC

Subscribe Our Blog

Download Estate Planning Worksheet PDF Now!

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Map

Morrison Law Group PLC (Metairie Office)MAP Gabb Morrison LLP (Covington Office)MAP
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • RSS
MORRISON LAW GROUP
law-pay

© 2023 American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy