The death of a loved one can be an unsettled time, a time of overwhelming emotion and uncertainty. As a general proposition, however, there is no urgent need to consult an attorney. Spending time with family and friends and grieving the loss of the decedent should be your primary focus.

When you are ready, there is a lot that needs to be done.

The most immediate matter after the death of a loved one is to ensure the proper disposition of the decedent. Under Massachusetts law, the surviving spouse has primary control of the process, followed by the next-of-kin.

Throughout the process, care should be taken to ensure that the decedent's wishes are complied with. Almost immediately, it will be necessary to make some decisions with regard to organ donation and/or anatomical gifts. Please carefully review these issues with the decedent's care givers.

Thereafter, it will be necessary to make some decisions in terms of funeral and burial arrangements, death notices and related events. Often, the decedent will have addressed all these issues prior to death with a specific funeral home. The decedent may also have prepared Burial Instructions that provide the family members with guidance as to his or her wishes. Absent some specific written guidance, the family will have to proceed using their best understanding of the decedent's wishes.

Unless there is some pressing business or family matter, there is generally no rush to start the probate process. As a general rule, contacting an attorney within a couple of weeks after the death of the decedent is usually more than adequate.

Contrary to popular belief, there is no technical requirement for a "reading of the Will". Your first meeting with the attorney will likely address several issues:

• Obtain preliminary information about the decedent's assets;
• Discuss the nature of the Probate Process, the timing and cost involved;
• Discuss the nature of the estate tax and estate tax return due dates;
• Start the process of valuing the assets to be included in the decedent's probate estate and taxable estate;
• Discuss certain tax planning issues, including the propriety of a Disclaimer, where appropriate;
• Remind the family that the decedent's Durable Power of Attorney is no longer viable;
• Clarify attorney's employment and fee issues.

With proper planning, even an event as emotional and tragic as the loss of a family member can proceed smoothly. The probate process can be viewed as a series of steps that, taken incrementally and with professional help, can be part of the healing process.

(Submitted by Atty. Peter E. Bernardin)