7 Common Mistakes People Make After A Loved One Passes Away

Whether a loved one’s death comes out of the blue or is a result you have been expecting due to serious health problems, grief can be overwhelming. Many people process death by “shutting down.” They may avoid responsibilities, stop caring for themselves, or struggle to return to everyday life. This is normal. However, choosing to do nothing with your loved one’s estate for more than a month or two because it’s too emotional or daunting may only lead to more complications.

Postponing resolving the estate can lead to disagreements on the disposition of assets, a beneficiary forcing production of the Will, or an otherwise more costly and lengthy probate process. You can learn more about the dangers of not settling your loved one’s estate in a prompt manner in this blog.

2. Waiting Too Long To Submit A Will For Probate

On that note, it’s essential that you submit the Will for probate to start the distribution process. You don’t need to do this immediately after your loved one’s death. However, sooner is better than later. The Will must be probated within 4 years of your loved one’s passing. As a result, I typically recommend clients begin the probate process within a month or two after the passing.

If the Will is not presented for probate within 4 years, the Will may be disregarded. This will lead to your loved one’s assets passing by the law of intestate inheritance for Texas, which could conflict with their wishes for their estate.

You can see a breakdown of intestate inheritance and learn more about the process of submitting a Will to probate in this blog.

3. Allowing The Distribution Of Property Before Proper Distribution Has Been Legally Determined

A common but problematic action I see many clients make after a loved one’s passing is to give away personal assets before the probate process. Even if your loved one verbally promised an item to someone, unless all the beneficiaries agree, you should always wait until the estate is probated before sorting through their things. This applies whether there is or is not a Will.

Giving away assets before the estate is legally processed could lead to family fights, unexpected costs, and even additional legal proceedings to resolve any mistakes made during the process. If another family member goes through your loved one’s assets before probate and gives away assets that the Will designates go to another beneficiary, they can be held legally responsible for their actions.

4. Notifying The Bank, Retirement Accounts, Or Utility Companies Too Quickly

It can seem counterintuitive to wait to tell the bank about your loved one’s passing. In fact, many online resources will tell you that you should inform them right away. However, doing so can be a costly and frustrating mistake.

When the bank is informed of an individual’s passing, it automatically freezes the account. This can delay auto-payments, direct deposits, and mortgage payments that are still needed. The same applies to retirement accounts. Additionally, there could be strategies you can follow to minimize costs, obligations, and liabilities. You won’t know what your options are and what your best step of action should be until you meet with a probate attorney.

Utility companies also should not be contacted about your loved one’s passing until the estate is properly distributed. Once informed of the passing, these companies will shut off power and water to the property, making sorting through belongings and preparing to sell the home much more difficult.

 5. Waiting Too Long To Notify Social Security Or Pension

While you shouldn’t tell the bank or utility companies about your loved one’s death right away, you should contact their social security office or pension administrator as soon as possible. If you wait too long, you run the risk of overpayments, fines, fees, and even additional legal obligations. This can be an extra stress, one you don’t need to deal with during this already stressful time.

6. Failing to Secure & Maintain Real Property

Any real property, such as your loved one’s home, should be secured and maintained until probate is completed. After your loved one passes away, their home will need to be properly cared for. Otherwise, it’s at risk of vandalism, deterioration, or theft.

Maintaining the property typically involves keeping up with yard work, handling repairs, or making necessary updates as needed. If you cannot do these tasks yourself, hiring someone or asking a trusted family member to do so is a wise decision. Maintaining the property not only protects valuable assets but also preserves the home’s value.

Another similar task to stay on top of is the homeowner’s insurance. Because the home is likely the biggest asset your loved one owned, protecting it from fire, flood, natural disaster, and accidents will help get the most out of their legacy. The insurance company should be informed if an owner of the property no longer occupies it, as the coverage and cost will change.

7. Driving The Deceased’s Vehicle

Finally, another mistake I see clients make following a loved one’s passing is driving their vehicle. The problem with this is insurance. Because the owner of the insurance policy has died, insurance will likely not cover any accidents or damage that occurs with the vehicle following their passing. Accidents often come when you least expect them and driving under immense emotional stress can make you more susceptible to getting into a wreck.

Don’t drive, loan, sell, or give away any vehicles your loved one owned until you meet with your probate attorney and determine what needs to be done concerning the vehicle and insurance.

The Best Decision You Can Make After Losing A Loved One Is To Hire An Experienced Probate Attorney

Losing a family member is one of the most difficult things you can go through. Unfortunately, the probate process can be overwhelming, adding to the stress you face as you try to deal with the funeral proceedings.

An experienced estate planning and probate attorney will help you navigate the process, avoid costly mistakes, and save time and money to make this time as stress-free as possible. If you live in Texas and want to discuss the probate procedure, schedule a free consultation* with Adair Buckner now.


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*(The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.