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Dealing with the death of a loved one can be difficult. It is, in many cases, the most difficult thing a person has ever dealt with. This can leave one feeling not only immeasurably sad, but also alone, lost, and vulnerable to poor judgment.

When there are significant assets to be divided following the death of a loved one, it is critically important, after taking the proper time to grieve, to consult with a trusted attorney. If possible, it might be prudent to establish an attorney-client relationship before the death comes to pass. This is important whether the decedent or expected decedent has a trust, a will, some combination of both, or if there is no will. 

Do not sign any agreements or financial paperwork given to you by other potential beneficiaries, even if you think you can trust them. If someone presents you with paperwork, no matter how close you believe you are to them, do not sign it unless you have consulted with a trusted attorney. Do not take legal advice from other potential beneficiaries or take their word for it if they try to convince you to enter into oral or other informal agreements. Do not initiate any kind of transfer of cash, assets, or other conveyances before speaking with an attorney. This applies not just to potential beneficiaries, but also to friends and other acquaintances who may be aware you are likely to have some assets coming your way.

The sad and ancient truth is this: “Say not you know another entirely till you have divided an inheritance with him.” We would like to be able to trust those who are close to us, our family and friends, but when money is involved, people tend to change. We have seen cases of family members tricking their loved ones into signing financial documents that were not in their favor. While it is not fun to think about, it is a problem that can be avoided with proper planning and emotional resolve. 

The trick is not to take matters into your own hands. Do not allow yourself to be taken advantage of, especially during a time of emotional difficulty. Plan accordingly so that you and the ones who depend on you are properly taken care of. Do not assume that because you would handle the matter in an honest way, others would do the same. Always consult an attorney before signing or agreeing to anything. 

If you are facing the loss of a loved one and have questions about an inheritance, trust, or estate matters, contact BMD Attorney Daniel Batista at djbatista@bmdpl.com.