My family member is dying and they have no estate plan. What should I do?

Oct 23

For purposes of this question, we’ll assume your family member still has the mental capacity and the ability to sign documents.

If your family member has real estate, then the first thing you should do is help them set up a trust and transfer the property to the trust asap. This will not only ensure that their intentions are followed, but also to make sure the property doesn’t get caught up in a costly probate or court process.

The second thing you should do is check to see if they have an up to date durable power of attorney for finances. If they don’t, then get that done immediately. Once you have the DPOA, make sure all the financial accounts (checking, savings, retirement accounts, life insurance, etc) have beneficiaries listed on them to ensure nothing goes through probate.

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