McMahon, Lyon & Hartnett Funeral Home

McMahon, Lyon & Hartnett Funeral Home |  Address: 491 Mamaroneck Ave.  White Plains,  NY  10605 
Phone:914-949-7777  |  FAx: 914-949-8314  |  Email: mcmahonfh@optimum.net

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There is much legality that comes into effect when a person passes away. Often even the best planning cannot cover all of them. The purpose of this page is to inform you of some of the legal issues, benefits, and procedures that must be enacted after a loved one's death.

Death Certificate
This is signed by the attending physician, who also indicates cause of death. This must be filed in exchange for a burial or removal permit. It then becomes a legal record. Certified copies can be obtained for a nominal fee; either you or the funeral director should obtain several copies.

Insurance
The family should notify the agents for all companies in which insurance is carried. They will provide the necessary claim forms. Make sure agents examine all policies.

Property

    Wills
    If the Deceased left a will, probate action may be necessary and the services of an attorney may be required. Wills of survivors should also be examined to see if they now require any changes.

    Real Estate
    This is one area where an attorney's services should be retained. In many states, upon the death of the owner of property in joint tenancy, title is automatically vested in the surviving joint tenants or tenants.

    Financial Accounts
    In most states, the survivor of a joint financial account can control the account automatically without any legal procedure. Financial accounts in the sole name of the Deceased will require probate action, unless the state has enacted a statute governing Small Estates.

    Stocks and Bonds
    All bonds and stocks issued in the sole name of the Deceased will require probate proceedings. Seek the advice of your attorney, broker, or banker.

    Income Tax
    If the Deceased was a taxpayer, the Executor, administrator, or next of kin must file a final income tax return by the date the decedent's return would have been due had death not occurred. Generally, Form 1310, Statement of Persons Claiming Refund Due a Deceased Taxpayer must be filed with the final return along with proof of the decedent's death.

    Safety Deposit Box
    There is an established procedure for gaining access to a deceased person's safety deposit box. First, contact the financial institution to obtain specific information. They will need to know whether the box was rented in the Deceased's sole name or jointly, date of death, the interest and relationship of the person making the inquiry, and whether the renter's key is available.

    Automobile Title
    If the deceased was sole owner of an automobile or other motor vehicle, it is regarded as part of the estate.

Social Security
There are many benefits that may become available, it is best to contact your nearest Social Security office.

Veterans' Benefits
There are many benefits that may become available, it is best to contact your nearest Veterans' Administration office.

New York State Funeral Directors Association, Inc.


Additional Information
The following information about the deceased is necessary when making funeral arrangements:

  1. Social Security Number
  2. Date & Place of Birth
  3. Parents' Names (including mother's maiden name)
  4. Veteran's Discharge Papers (if applicable)
  5. Cemetery Deed
  6. Clothing
  7. Obituary Information

Planning In Advance