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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Folsom Estate Planning Attorney: Who Can Claim Death Benefits and How to Claim Death Benefits After the Loss of a Loved One

August 9, 2018

Money is usually the last thing that someone grieving over the loss of a loved one wants to think about. However, death comes with expenses, and most people haven’t taken the time to prepare for them.  Even a modest funeral and burial can cost many thousands of dollars. If the deceased was also the breadwinner, the family may need immediate access to funds from the estate just to pay the bills.

There are a few ways for grieving families to get immediate access to the funds they need.  Below you will find an explanation of who can claim death benefits after the loss of a loved one and how to access them in the fastest and most efficient manner.

Life Insurance or Annuities

Funds from a life insurance policy or annuity can be collected quickly, since they are required to have a beneficiary named. It is important to note that the owner of the insurance policy can name anyone they like as beneficiary and this is one reason why I always remind people to check their beneficiary designations on a regular basis. The last thing a family needs is to learn that the deceased forgot to change the beneficiary and all the funds are going to an ex-spouse!

To access the benefits from an insurance policy or annuity, the company will require a death certificate to start the process of distributing funds. Each company also has forms they require the beneficiary to fill out. If you have any concerns about the forms, contact a Sacramento County estate planning lawyer to make sure they are filled out properly so that there are no problems or delays.

Social Security Benefits

Social Security benefits, including death and monthly survivor benefits, can also be claimed after the death of a loved one and will go to a surviving spouse or dependent children. These benefits are fairly easy to obtain, but there are some eligibility requirements. It’s also important to claim survivor benefits immediately, because they are not retroactive if claimed after a certain amount of time passes. If the deceased was a veteran, there may also be benefits available for his or her spouse.

If you have suffered a loss and need more information about claiming death benefits, contact our Folsom estate planning and probate law firm at (916) 241-9661 to schedule a consultation. We can help you work through the legal issues and paperwork, so that you can concentrate on healing from your loss.

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My wife, Sue and I really appreciate the concern and care Heather took in doing our estate planning. It has given us peace of mind. Heather keeps us informed of the latest changes in the laws that we might want to consider. We highly recommend her and the Chubb Law Firm.

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