End-Of-Life Archives - Page 3 of 3 - Law Offices of Daniel Timins

Handling the Empty Nest: Securing the Recently Departed Loved One’s House

Posted on March 24, 2015

When a person passes away there are several matters to take care of, the FIRST of which is securing the premises. One of my biggest concerns is the possible “Dash and Grab” that dishonest (needy?) family members perform when they hear of the recently departed family member and run to strip the house of assets with financial or sentimental value. And, as much as I hate to use stale idioms, “Possession IS 9/10ths of the law.” Here are steps you can take to secure a family member’s personal belongings upon their passing: CHANGE THE LOCKS: If the house was owned by the decedent, consider doing this to protect the property inside. CANCEL CREDIT CARDS / FREEZE BANK ACCOUNTS: Supplying a

SIBLING RIVALRIES: The Funeral: Who is in Charge?

Posted on March 24, 2015

The first sibling rivalry goes back to the “first” siblings, Cain and Able. It was not the last (though the outcome was a little more dramatic than the average sibling rivalry). Of the many rivalries that have taken place since, one that is too often overlooked is over the parent’s disposition of their remains upon their passing. I have seen situations where one sibling [we’ll call him “brother”] was the local child living with his mother, and the more distant child [“sister”] lived a few thousand miles away. Brother and sister had not liked each other for decades. When mom passed away, brother did not tell sister, and decided to hold a small funeral where mom’s funeral service was highly

Burial Instructions in Your Will? Don’t Bother

Posted on November 17, 2014

Many people have an idea how they want their remains handled upon their passing, and want to ensure this method is respected. And unless you are like Vladimir Lenin and want the public to view your corpse in perpetuity (though I am not entirely sure he actually wanted this), when you pass away you generally want your remains to be dealt with relatively quickly. In the past people included their desires in their Wills, not knowing where else to state them. A Will has to be accepted by the Surrogate’s Court under the Probate process: (1) This requires an original Death Certificate which you usually get from a funeral home (but remember, the undertaker doesn’t know how to handle your

“The Doctor is Out”: Medical Practices & Unexpected Death

Posted on November 17, 2014

Modern day medical doctors face a myriad of challenges: Lawsuits, hardships with creating referrals and collecting payments from third-parties (insurance companies and Medicare), onerous requirements of the Affordable Care Act and patient records, and the like. So just when we think the logical conclusion of these hardships would occur (death) we find out just how hard it truly is to be a doctor. A doctor has a requirement to maintain patient records for several years. This requirement does not end at the time of their passing. While today’s insurance environment and staff requirements have effectively made solo practitioners a dying bread, even a small group of doctors may not be prepared to process all of the records of their departed