In this second of a two-part series, Ottawa Personal Financial Organizer Patricia Cocker tells you how to put your life in order so you'll be ready for the end of life. (For Part 1, click here.)
Losing a loved one is tough. You think all you have to do is get through the funeral, then you will have the time you need to come to terms with your loss. But if you are the executor, nothing could be further from the truth. It is only the beginning.
Unfortunately, the executor is often the spouse or another family member. Although this person may respect the deceased's wishes, he or she generally has little experience with government rules and regulations, never mind the paperwork that needs to be completed. The funeral home may provide some information ó a package detailing the necessary letters of notification, application forms for Canada Pension Plan (CPP) benefits, proof of death ó but there is a great deal more to be done!
ï Cash flow. Your first responsibility as executor will be to ensure that there is sufficient cash flow to support those who are financially dependent upon the deceased. Here, it is wise to consult a professional.
ï Paperwork. With any luck, the deceased will have prepared an itemized list of assets and liabilities for you. If not, review the previous year's income tax return to determine sources of income, eg. salary, pension, investments, etc.
You will need to notify the following, where applicable, of the deceased's death:
Employer, pension offices. Ask if there are any benefits available to survivors or the estate;
CPP. Apply for death benefit, survivor/orphan benefits;
Service Canada, which administers the Old-Age Security program;
Veterans Affairs Canada, which administers veterans' pensions and benefits;
Financial services companies including banks, credit unions, mutual fund companies and brokerage firms. Ask if there are any insurance benefits available for survivor/estate from any of these accounts;
Credit card companies and other financial institutions with which there exists a liability. You must return credit cards or cut them in pieces and pay any outstanding balances. Likewise, ask if there is a death benefit attached.
Also, it is important to return the deceased's government-issued cards, including social insurance card, provincial health card, passport, motor vehicle licence and driver's licence.
Finally, to prevent identity theft, notify the Canada Revenue Agency (CRA, as well as the Office of Vital Statistics in deceased's place of birth if it is in not in the province of his or her death. It is also wise to inform credit tracking agencies such as Equifax and TransUnion Canada.
ï Insurance. Next, if the deceased had life insurance, complete the applications for benefits. If you are not sure, contact the Canadian Life and Health Insurance Ombudservice.
ï Legal. Meet with the deceased's legal representative to determine whether probate is required. Note that probate validates the will and formally appoints the executor. Financial institutions may require probate before releasing any funds.
ï Sell or transfer assets. If the deceased had real estate, stocks, bonds and or mutual funds, as the executor you will need to sell or transfer ownership of these assets. That requires working with the appropriate individuals or institutions as well as consulting the appropriate professional. As well, you will need to:
close the deceased's safety deposit box,
close bank accounts,
pay debts,
settle creditor claims.
ï Income taxes. People often think that with death, the responsibility to file income tax returns and pay outstanding taxes ends. Not true! All prior years' returns, as well as a return for the year of death, must be filed and any taxes owing must be paid. Depending on the estate, you may need to file a return for the estate as well.
Once you have received assessments for all returns, you can complete the application for "Clearance Certificate,î confirming with the CRA that it has no further interest in the deceased's affairs. Failure to do so may result in the CRA coming back at a later date for more money ó with the executor being liable.
The final duty is to distribute the assets to beneficiaries.
The executor may collect executor fees and be reimbursed for legitimate reasonable out-of-pocket expenses incurred during the process.
Thought for the day: Have you ever heard anyone who has acted as executor say, "Gee that was fun. I want to do it again!î?
Patricia Cocker, B.A., CFP, is a Certified Professional Consultant on Aging and a qualified Credit Counsellor who helps clients organize their financial paperwork in four areas: money management, income tax preparation, financial records management and after-funeral care.
Additional Educational Resource: MFA - Succession and Estate Planning Specialist Designation.