Here are some of the questions we are asked the most frequently. If you have further questions and you haven't been able to find the answer here or anywhere else on our website, feel free to contact us by telephone or email.
Frequently Asked Questions:
• Social Security Benefits
• Power of Attorney
• Monuments, Markers,
and Vaults
• Financial and Credit
Obligations
• Organ and Tissue Donation
• Living Will
• A Will
Q. What is
the maximum lump sum death benefit paid by social security?
A. $255.00
Q. Who is eligible to receive the lump sum death benefit?
A. The surviving spouse living with the covered
worker at the time of death, or a child if he/she was entitled to or eligible
for social security monthly benefits on the deceased's record during the
month of death of the deceased worker.
Q. What do I need to take to the social security office to facilitate
receiving social security benefits?
A. 1. marriage license
2. children's birth certificates
3. proof of widow's age if 62 or older
4. social security number
5. total wages paid on W-2 form or
schedule "C" for preceding year
6. death certificate
Q. When will I begin receiving benefits?
A. It usually requires about three months for
a widow to start receiving social security benefits.
Q.
What is a Power of Attorney?
A. A document which is used to allow one person
to give authority to another person to act on his/her behalf.
Q. What is a Durable Power of Attorney?
A. It is a specific power of attorney which authorizes
other persons to act on your behalf in the event of disability.
Q. Can I make a Durable Power of Attorney for health care only?
A. Yes. A durable power
of attorney for health care can be given to other persons to act in your
behalf in making medical decisions regarding your care.
Q. When does a Durable Power of Attorney for health care begin?
A. When you become incapacitated or disabled.
Q. Can I terminate the authority that was granted to a specific person?
A. Certainly. If the grant of power was for a
limited purpose, and that purpose has been completed, a revocation of
power of attorney can be made.
Monuments, Markers, and Vaults:
Q.
What are monuments made of?
A. These structures are usually made of stone,
ranging from granite to concrete, or metal. There are many variations
in the types of stones or metals used and the prices can vary significantly.
Q. Is an outer burial container and a vault the same thing?
A. No. An outer burial container does not have
the sealing properties of a vault. The outer burial container is used
as a minimum requirement of most cemeteries for the maintenance of the
cemetery.
Q. What is the function of a vault?
A. To protect the casket and its contents.
Q. What are vaults made of?
A. The two most common types of vaults are metal and concrete.
Q. Who should I contact for detailed information?
A. For questions regarding cemetery requirements,
vaults, types, and sizes of monuments, or purchasing a monument or marker,
call your professional funeral director.
Financial and Credit Obligations:
Q.
What do I do about the unpaid bills and credit obligations of my loved
one?
A. You will need to gather
all of the bills together and make sure you are aware of all of the credit
obligations of the deceased. Many installment loans, service contracts,
and credit card accounts are covered by credit life insurance, which pays
off the account balance in the event of the death of a customer.
Q. How do I find out if a loan is covered by credit life?
A. You should contact any
financial institution where the deceased had a loan, and inform them of
the death. They will be able to inform you if the loan was covered by
credit life.
Q. Do I need to contact the credit card companies?
A. Yes. You will need to
contact the credit card companies to notify them of the death. If the
card is held jointly, find out what documentation is required to change
cards into the survivor's name.
Q. Do I need to contact the bank regarding jointly held accounts?
A. Make a prompt request for release from each
bank in which the deceased and you held a joint account. This is necessary
before you can withdraw funds from that account. A bank will usually stop
payment on all checks as soon as a death notice is published. The bank
must also have the account cleared by the state tax authorities.
Organ and
Tissue Donations:
Q. Can anyone sign an organ donor card?
A. Everyone should consider
himself or herself a potential organ donor, regardless of age or medical
history. Individuals under the age of 18 may sign a donor card with the
consent of their parent or guardian.
Q. What do I do with the card?
A. Keep the card in your wallet, perhaps with your driver's license.
Q. Can my family refuse permission for organ and tissue donation even
though I have signed a donor card?
A. Yes, but the family usually
gives permission if the deceased had expressed a wish to be an organ donor
or had signed an organ donor card.
Q. Can I change my mind?
A. Yes. All you need to
do is inform your family of your wishes and tear up your organ donor card.
If you signed the back of your driver's license, strike through the entire
donor card portion.
Q. Will my family be charged for donation of my organs?
A. The family is never charged for cost associated
with organ donation. All costs associated with organ and tissue recovery
are handled by the organ procurement organization.
Q. Can I have a traditional funeral?
A. The removal of organs
and tissue does not interfere with customary burial arrangements. Organ
removal is carried out as a regular surgical procedure. Funeral arrangements
remain the responsibility of the donor's family.
Q. If I decide to become an organ donor, will that affect the level of
my medical care?
A. Absolutely not. Organ recovery takes place
only after every effort has been made to save the patient's life.
Q. What organs and tissues can be donated?
A. Kidneys, hearts, livers, lungs, pancreases,
and intestines may be donated, as well as eyes, skin, heart valves, bone
marrow, and bone. In certain circumstances, a kidney, bone marrow, or
a portion of a lung or liver may be received from a "living"
donor, generally from a close family member.
Q. Who will receive my donated organs?
A. Potential recipients are identified using
the UNOS national computer system. The computer generates a list of patients
ranked according to strict medical criteria, urgency of need, and time
waiting. Donor and recipient identity is confidential, although some basic
information may be shared.
Q. Who do I contact to obtain an Organ Donor Card?
A. Call the Organ Donor's Hotline at 1-800-243-6667
or write to UNOS, P.O. Box 13770, Dept. DB, Richmond, VA 23225.
Living Will:
Q. What is a living will?
A. A living will is a relatively new legal document
which has been made necessary by the advent of recent technological advances
in the field of medicine which can allow for the continued existence of
a person on advanced "life support" systems long after any normal
semblance of "life," as many people consider it, has ceased.
Q. How does the living will work?
A. A living will provides a written declaration
for an individual to make known his or her decisions on life-prolonging
procedures. It declares your wishes not to be kept alive by artificial
or mechanical means if you are suffering from a terminal condition and
your death would be imminent without the use of such artificial means.
It provides a set of instructions regarding your wishes about this important
matter.
Q. Can anyone make a living will?
A. You must be at least 19 years of age; You
must be of "sound mind" and able to comprehend the nature of
your action in signing such a document.
Q. How does the living will become a valid legal document?
A. You should assemble three witnesses and a
Notary Public to witness your signature. These witnesses should have no
connection with you from a health care or beneficiary standpoint. In front
of all of the witnesses and Notary Public you should state: "This
is my living will which I am about to sign. I ask that each of you witness
my signature." After you and all witnesses have signed the document,
the final step is for the Notary Public to sign in the space indicated.
When this step is completed, your living will is a valid legal document.
Q. Who should have a copy of my living will?
A. Make several copies of your living will. If
appropriate, deliver a copy to your physician to have placed in your medical
records file. You may also desire to give a copy to the person you have
chosen as the executor of your will, a copy to your clergy, and a copy
to your spouse or other trusted relative.
Q. What is a will?
A. A will is a legal expression or declaration
of a person's mind or wishes as to the disposition of his property, to
be performed and to take effect after his death. It is not a sheet of
paper nor a number of sheets of paper but the written words thereon. It
must be executed with the formalities required by statute only after the
death of the maker.
Q. Who may make a will?
A. Anyone who is of legal age and sound mind
can make a valid will. You must be able to understand the nature of your
estate and the consequences of making a will. You must be able to arrange
an orderly scheme of distribution of your assets, and you must be acting
voluntarily.
Q. Do I really need a will?
A. Yes. If you die without a will, then you are
said to have died "intestate." This means you died without leaving
anything to testify as to what your wishes were regarding the disposal
of your property.
Q. Do most people make a will?
A. No. Only one out of four people leave a will
when they die.
Q. What happens if I don't leave a will?
A. If you died intestate,
the state or court will appoint an executor for your estate. The executor's
responsibility will be to pay any just debts you may have outstanding
and then distribute your remaining assets.
Q. Does my estate automatically go to my spou se?
A. No. In most states, the surviving spouse receives
one-third of the estate. The balance of the assets are equally divided
among the surviving children.
Q. What happens if I am not survived by a spouse or children?
A. The court will then assume that you wanted
your estate to go to a family member. They will try to determine who should
get your assets.
Q. Can I leave my estate to someone who is not related to me?
A. Yes. You may choose a
friend, your church, a charity, or even the state.
Q. Can I choose an executor for my estate?
A. Yes. Generally this is
a person appointed by the testator (one who dies with will) to carry out
the requests in the will. The person nominated as executor becomes "Executor"
only when he takes oath and the will is admitted to probate court.
Q. Do I need an attorney to make my will?
A. It is an excellent idea to have an attorney
write your wishes and desires in the form of a will because he can help
and advise you as to the particulars of your estate.
Q. Is it a legal requirement that a lawyer make my will?
A. In most states there
is no law stating that a lawyer must draft your will. However, the formalities
or conditions in regard to the method, order, arrangement, and use of
technical expressions used in making the conveyances must be used. Therefore,
a lawyer's assistance may be helpful.
Q. If my circumstances change, am bound to my original will?
A. No. You can rnake whatever
changes you feel are necessary by destroying the original or revoking
it with a new one. It is a good idea to review your will every few years.
Q. Whom should I tell about my will?
A. It is a good idea to tell the executor of
your will where the original is kept. In some states, a locked box in
the bank is sealed upon your death and can only be opened after probate.
Family members should be notified of the location of the will. It is prudent
to leave a copy of your will with your attorney in case something happens
to the original.