Difference between revisions of "Next Steps to Take After the Death"

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{{A Death in Your Family TOC}}
{{A Death in Your Family TOC}}Legally, only the executor appointed under the will or administrator appointed by the court has the right to deal with the assets and property of the person who has died. An executor must get a grant of probate of the will from the court to confirm his or her authority.  
Legally, only the executor appointed under the will or administrator appointed by the court has the right to deal with the assets and property of the person who has died. An executor must get a grant of probate of the will from the court to confirm his or her authority.  


If your family member died without a will, a person seeking to be appointed as administrator must apply to the court for a grant of administration before he or she has the authority to deal with the assets.
If your family member died without a will, a person seeking to be appointed as administrator must apply to the court for a grant of administration before he or she has the authority to deal with the assets.
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* Income tax papers
* Income tax papers


'''You also may need to do the following:''' Make sure the deceased’s motor vehicle is locked in a safe place. Retain the keys and any valuable contents to hand over the executor. Retain access to the deceased’s residence to take care of pets, make sure appliances are off.  
'''You also may need to do the following:''' Make sure the deceased’s motor vehicle is locked in a safe place. Retain the keys and any valuable contents to hand over the executor. Retain <span class="noglossary">access</span> to the deceased’s <span class="noglossary">residence</span> to take care of pets, make sure appliances are off.  


Usually the executor or administrator will send a change of address to Canada Post so that the deceased’s mail goes to the executor’s address while he or she is dealing with the person’s estate. It is the responsibility of the executor or administrator to notify institutions and cancel credit cards, club memberships, magazine subscriptions, etc.
Usually the executor or administrator <span class="noglossary">will</span> send a change of address to Canada Post so that the deceased’s mail goes to the executor’s address while he or she is dealing with the person’s estate. It is the responsibility of the executor or administrator to notify institutions and cancel credit cards, club memberships, magazine subscriptions, etc.


'''Note''': This booklet is not intended to explain the process for obtaining a grant of probate or an appointment of an administrator or the process for the distribution of the deceased’s assets.
'''Note''': This booklet is not intended to explain the process for obtaining a grant of probate or an appointment of an administrator or the process for the distribution of the deceased’s assets.


==What do I need to know about benefits for survivors?==
==What do I need to know about benefits for survivors?==
The following is a general overview for your information. Many of the tasks involved will be completed by the executor or administrator.
The following is a general overview for your information. Many of the tasks involved <span class="noglossary">will</span> be completed by the executor or administrator.


'''If you had a joint account with right of survivorship''', you can withdraw the whole amount from the account at any time. If you encounter difficulties, speak to the bank manager. Once you have the Death Certificate, you can have the account transferred to your name alone.
'''If you had a joint account with right of survivorship''', you can withdraw the whole amount from the <span class="noglossary">account</span> at any time. If you encounter difficulties, speak to the bank manager. Once you have the Death Certificate, you can have the <span class="noglossary">account</span> transferred to your name alone.


'''If the accounts were in the deceased’s name alone''', notify the bank. Banks may release small amounts of money to the survivor before the estate is settled, but they are not required to do so. They will pay funeral expenses directly if presented with the bill. They will not reimburse a person who has paid the funeral home directly until the estate is settled.  
'''If the accounts were in the deceased’s name alone''', notify the bank. Banks may <span class="noglossary">release</span> small amounts of money to the survivor before the estate is settled, but they are not required to do so. They <span class="noglossary">will</span> pay funeral expenses directly if presented with the <span class="noglossary">bill</span>. They <span class="noglossary">will</span> not reimburse a person who has paid the funeral home directly until the estate is settled.  


'''Money left to the designated beneficiary in insurance policies, pension funds, and RRSPs''' passes outside the Will. If you are the designated beneficiary, contact the relevant institutions to learn what documents they need.
'''Money left to the designated beneficiary in insurance policies, pension funds, and RRSPs''' passes outside the will. If you are the designated beneficiary, <span class="noglossary">contact</span> the relevant institutions to learn what documents they need.


'''If your spouse was receiving a government or private pension''', you may be entitled to a portion of the pension as the surviving spouse. Check with each agency.  
'''If your <span class="noglossary">spouse</span> was receiving a government or private pension''', you may be entitled to a portion of the pension as the surviving <span class="noglossary">spouse</span>. Check with each agency.  


Was your deceased family member a veteran, member of a union, or receiving a pension from another country? If so, there may be pension benefits for survivors. For pensions, the estate or the survivor is entitled to keep the cheques issued in the month of your deceased family member’s death.  
Was your deceased family member a veteran, member of a union, or receiving a pension from another country? If so, there may be pension benefits for survivors. For pensions, the estate or the survivor is entitled to keep the cheques issued in the month of your deceased family member’s death.  


'''Note''': This applies to you if you are a dependent child of a parent who has died.
'''Note''': This applies to you if you are a dependent child of a <span class="noglossary">parent</span> who has died.


'''The death benefit is payable to the estate or survivor''' if the family member paid into the Canada Pension Plan (CCP).  
'''The death benefit is payable to the estate or survivor''' if the family member paid into the Canada Pension Plan (CCP).  


CPP survivor benefits may be payable if the deceased  is your spouse and you are under 60 or if you are a surviving child under 18 years of age or between the ages of 18 and 25 if attending school full-time.  
CPP survivor benefits may be payable if the deceased  is your <span class="noglossary">spouse</span> and you are under 60 or if you are a surviving child under 18 years of age or between the ages of 18 and 25 if attending school full-time.  


'''If the deceased was still employed''', benefits may be available. Death benefits payable by labour unions vary. They may be payable to the next-of-kin or the estate. The union office will have the information.
'''If the deceased was still employed''', benefits may be available. Death benefits payable by labour unions vary. They may be payable to the next-of-kin or the estate. The union office <span class="noglossary">will</span> have the information.


'''If the death was due to a work-related''', benefits may be available from Workers’ Compensation.
'''If the death was due to a work-related''', benefits may be available from Workers’ Compensation.
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In time, you may wish to change your will if the death of your deceased family member means your old will is out of date.  
In time, you may wish to change your will if the death of your deceased family member means your old will is out of date.  


It may be appropriate to review your arrangements for future planning, such as Power of Attorney, Enduring Power of Attorney, Advance Health Care Directive, or Representation Agreement.
It may be appropriate to <span class="noglossary">review</span> your arrangements for future planning, such as Power of Attorney, Enduring Power of Attorney, Advance Health Care Directive, or Representation Agreement.


If you have lost your partner, you may need financial advice or help with reorganizing your banking arrangements. Talk to your bank or credit union.  
If you have lost your partner, you may need financial advice or help with reorganizing your banking arrangements. Talk to your bank or credit union.  


{{REVIEWED | reviewer = [[People's Law School]], 2012}}


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