The days after a loss can be disorienting. Below are answers to the practical, legal, and financial questions we hear most often — the things families need to know when they don’t know where to start.
The first hours and days after a death can be disorienting. These are the practical questions we hear most often when families are getting oriented.
If death occurs at a distant point, it is wise to consult a funeral director in your community at the first opportunity. His or her personal reputation for integrity and honesty will reassure the family that their wishes will be followed, details arranged, and costs kept to the amount desired. If cremation or interment is to be made at the place of death, your local funeral director may only recommend another funeral home or clarify some detail. There is no charge for such consultation.
In Alberta, the following people are authorized, in order:
An official Certificate of Death may be obtained from private licensing bureaus. There is a fee, and your funeral director can provide instruction for application.
Your funeral director will issue a Statement of Death. This is an acceptable proof of death in most instances.
Fatal motor vehicle accidents raise a set of legal and financial questions that don’t come up in most deaths. If you are dealing with a loss under these circumstances, please consider speaking with a lawyer as early as possible.
After a tragic motor vehicle accident, many survivors are unable to cope with the thought of pursuing legal rights. However, the surviving spouse — on behalf of the children — should contact legal counsel to at least discuss the options available when death is a result of a negligent act. Contacting a lawyer puts the survivor in a position to make an informed decision about whether to pursue an insurance claim.
In a motor vehicle accident, the deceased’s family has two policies of insurance to access. The policy of insurance from the motor vehicle the deceased was in includes Section B Benefits or “No-fault Benefits”:
These amounts are payable to surviving family members from a fatal motor vehicle accident regardless of fault.
No-fault benefits are minor compared to the amount of the claim against an auto insurance company for the party at fault. In this claim, for which legal counsel is required, there is no limit to the amount that may be claimed for funeral and burial expenses as it is based upon reimbursement of costs incurred.
Under the Fatal Accidents Act of Alberta (FAA), claims may include: bereavement (Section 8), loss of dependency, loss of housekeeping capacity, and out-of-pocket expenses including funeral costs and grief counselling fees.
Fault is often not discussed immediately in the difficult circumstances surrounding a death. If there is any concern about who may be at fault, contact legal counsel as soon as possible so evidence of the accident scene may be preserved. Liability is not all-or-nothing — fault can be shared between two drivers.
Failure to wear a seat belt may result in a reduction of the survivors’ claims by 10% to 30% depending on the facts of the case.
Handel Law Firm is an Alberta law firm with offices in Edmonton, Calgary, and Red Deer that provides a free, no-obligation initial consultation to assist surviving family members. Phone toll free: 1-877-914-1199 and ask to speak directly to Brent Handel.
Handling finances and estate matters after a death takes time and often support from professionals. These are common questions we hear about the practical financial side.
Individuals requesting this type of account should already have a banking relationship with the financial institution. The request should come from an existing customer who wants to open the account to collect funds for an individual, family, or group who has met with a personal tragedy.
Example: John Smith’s wife passed away unexpectedly. John and his wife have three children. John cannot set up an In-Trust donation account with himself as the beneficiary. An independent third party (family friend or relative) must set up the account with the money collected being held “in trust” for John and his children.
A few important notes:
The federal and provincial governments offer several benefit programs to help with funeral costs — CPP Death Benefit, Alberta Funeral Benefits, Veterans Affairs assistance, Workers’ Compensation, and more. See our Government Resources page for the full list and application forms.
