About the Author: Attorney Douglas G. Chalgian is both certified in elder law by the National Elder Law Foundation and a Fellow with the American College of Trust and Estate Counsel. He is also the only attorney in Michigan who has served as Chair of both the Probate and Estate Planning and Elder Law and Disability Rights Sections of the State Bar.
1. Who’s in Control of Dad’s Stuff?
2. Should I Meet with the Lawyer Before the Funeral?
3. Can We Divide the Personal Items Now, While Everyone is Together?
4. Can I Change the Locks?
5. Is There Going to be a Reading of the Will?
Conclusion
The rise in litigation in these types of cases can be attributed to many factors: more second families, children living farther away, more people living longer and therefore more dementia and other aging issues. And so it is probably safe to conclude that the trend will not abate any time soon.
For funeral directors who run into cases where these types of questions arise, hopefully this article will provide some help in answering basic questions. Depending on the circumstances, the best advice may be: “get thee to a qualified attorney.” If the person asking the question doesn’t have an attorney, or doesn’t have an attorney who practices in the areas of estates and elder law, hopefully most funeral directors are familiar with the attorneys in their communities who are qualified to handle these types of matters.