Skip to main content

Death Certificates

            You may not think that death and paperwork go together, but of course they do. The thought of death is difficult for most people to consider, but eventually it happens. And, in today’s complex modern society, paperwork and its details are always important. After death, one critical piece of paperwork is the record of death. The “vital information” regarding the person who has died is recorded with the city and state. The family members are given a certified copy of the official record and that is what we commonly call a Death Certificate.

Accurate information is crucial. Errors can cause problems later on. Usually the Funeral Director will be completing part of the record and you may be asked to provide much of the information that goes in it. This may include:

·         The full name of the decedent (the person who died) his date of birth and perhaps even his social security number (although most states have stopped using it on Death Certificates). A name sounds easy, but some people use different names over time, including different middle initials. You should give the name that the person used most of the time; most likely what it says on a Will and what is on the ownership documents of the person’s possessions.

·         The name of the mother and father of the decedent including the maiden name of the mother (this is more complex in a modern world of various ways of changing or not changing names when people get married). You may not even know this information, which could be a problem.

·         The “domicile” or “residence” for the decedent. This is a fundamental fact and you must be correct. If you must go through Probate, you will have to do it in the decedent’s state and county of residence. You will need the death certificate to be accurate. Think carefully before you give just any old address – where did the person really live? Where are his assets? Where was his real home? A parent might have been living with a child for a little while (or in a nursing home) before dying, but his real residence is probably his old home.

·         The doctor will usually complete the part on “cause of death” but you might want to discuss this with her if you can. If the cause is listed as “natural” you will usually have no problem. If something like “gunshot wound” is listed, it may complicate the probate proceedings. Of course, if it is true, you cannot change it, but you may be able to have a doctor put a more benign statement to protect some private facts or even add more details to “protect the innocent.”

Comments

Popular posts from this blog

Ending the Two Year Wait for Medicare for SSD Beneficiaries

A Bill, pending in Congress, would end the two-year waiting period for Medicare benefits for people who qualify for Social Security Disability (SSD) - individuals who have suffered a medical condition that renders them unable to work ("Permanently and Totally Disabled"). Medicare coverage is currently available to individuals who are determined to be eligible for SSD benefits, but not until 29 months after the month in which SSD eligibility is determined. For those without private insurance, who can't afford COBRA, or whose costs exceed the catastrophic limits of their private coverage, the 29 month wait creates serious financial hardship and often leads to impoverishment for those who need to spend down for Medicaid coverage. Some couples must consider divorce to protect the non-disabled spouse. Please ask your Senators and Representative to co-sponsor the Ending the Medicare Disability Waiting Period Act of 2009 (S. 700/H.R. 1708), which will end this two-year waitin...

4 Planning Tips for Parents of Disabled Children

Buy enough life insurance . You can’t be replaced, but someone will have to fill in if you aren’t there. Your family will probably have to pay for some services that you used to provide. You can provide the money necessary, even if you don’t have much now, with life insurance. Set up a trust . Any assets left for a child with special needs, including life insurance proceeds, should be held in trust. Leaving money directly to someone with a special need jeopardizes public benefits. Some families disinherit children with special needs, relying on siblings to care for them. This approach is fraught with potential problems. The best approach is a trust fund set aside for the child with special needs. Write down the care plan . You must write down what a future caregiver will need to know about your special needs child. You may know everything but you need to write it down so it can be passed on. The memo or letter can be kept in the attorney's files or with the parent's estate plan...

Elder-Friendly Amendments in Latest Health Bill

At a session that ended at 2:18 a.m. on Friday, October 2, the Senate Finance Committee completed its markup to health reform, the America's Healthy Future Act. The bill contains some recently added amendments that are of great interest to elders. The bill now includes an amendment offered by Sen. John Kerry (D-MA) that "would protect against spousal impoverishment in all Medicaid home and community based services programs by requiring states to apply the same spousal impoverishment rules currently provided to the spouses of nursing home residents in Medicaid. The provision would sunset after five years." The bill also incorporates the provisions of the Elder Justice Act (S. 795), which would establish "Offices of Elder Justice" in the Department of Health and Human Services and in the Justice Department and provide federal resources to support state and community efforts to fight elder abuse. Elder Law Attorneys contributed to the effort to see the Elder Jus...