As an estate planning attorney, I often meet families who are shocked by how difficult things become after a loved one passes away – especially when they believed everything was “already handled.”
A very common story starts like this:
You helped your parent manage their finances while they were alive. You had power of attorney. You paid bills, handled bank accounts, and made sure everything stayed on track. So when they pass away, you assume you can simply continue doing what you were already doing.
Then you try to deposit a check or access an account – and the bank tells you no.
Your authority has ended. Everything is frozen. And now, you’re being told you must go through probate court.
This moment often comes during deep grief, when families are least prepared to deal with legal delays, paperwork, and financial stress. Understanding why this happens can help explain just how important proper planning really is.
Why Your Authority Ends Immediately at Death
One of the most misunderstood parts of estate planning is the role of a power of attorney.
A power of attorney only works while a person is alive. The moment they pass away, that authority disappears completely. Even if you were handling everything the day before, the law no longer recognizes your ability to act on their behalf.
At death, all assets become part of a legal entity called the “estate.” Until the court officially appoints someone to manage that estate, no one – not even close family – has legal authority to access or move assets.
This sudden loss of authority is what causes so many problems for families right away.
Why Bank Accounts Get Frozen
Financial institutions are required to protect assets after someone dies. Once they are notified of a death, accounts are typically frozen to prevent unauthorized access.
This creates immediate challenges:
- Funeral and burial expenses still need to be paid
- Mortgage payments don’t stop
- Utilities, insurance, and other bills keep coming
- Families may need cash right away – but can’t access it
Even when there is plenty of money in the account, loved ones are legally blocked from using it until the proper court authority is granted.
For many families, this means paying expenses out of pocket while waiting for court approval – something not everyone can afford.
The Probate Process Most Families Don’t Expect
When there is no plan in place to avoid probate, families must ask the court for permission to act. This involves filing formal paperwork, paying court fees, and waiting for hearings and approvals.
Probate is not fast. In most cases, it takes months – and sometimes much longer.
During this time, families are juggling grief, work, family responsibilities, and an unfamiliar legal system. Court filings require notices to heirs, signatures from multiple parties, and strict deadlines. Any disagreement among family members can slow the process even more.
The costs also add up. Court fees, attorney fees, and administrative expenses are paid from the estate before anything is distributed to loved ones.
And perhaps most damaging of all, probate can create tension and conflict among family members—especially when emotions are already high.
When the Law Makes the Decisions Instead of You
If there is no clear plan – such as a properly funded trust – state law decides who inherits and how.
These laws follow rigid formulas and don’t account for family dynamics, personal relationships, or special circumstances. In blended families, unmarried partnerships, or strained relationships, the results can be completely different from what the person would have wanted.
Important questions often go unanswered:
- Who gets sentimental items?
- What happens to the family home?
- Who manages the process – and how?
Without clear instructions, families are left guessing – or fighting.
The Emotional Cost No One Talks About
Beyond the legal and financial strain, probate takes a serious emotional toll.
Families are forced to manage paperwork, court deadlines, and financial uncertainty while grieving. Even close families can experience tension when decisions aren’t clear. Old resentments can resurface. Trust can erode.
Most people never intend to leave this kind of burden behind. They simply don’t realize that the planning they did – or didn’t do – would lead to this outcome.
There Is a Better Way
All of this is avoidable.
With proper planning in place, families can:
- Access funds quickly when they are needed most
- Avoid court delays and unnecessary costs
- Keep private matters out of the public court system
- Focus on healing instead of paperwork
A well-designed estate plan doesn’t just work during life – it works when your family needs it most. It clearly outlines who is in charge, how assets are handled, and what steps to take immediately after death.
Just as importantly, having a trusted advisor involved means your loved ones are not left alone trying to figure everything out during one of the hardest moments of their lives.
Planning Is an Act of Care
The best time to plan is now – while you are able to make thoughtful decisions and protect the people you love.
Estate planning is not about documents alone. It’s about preventing confusion, avoiding unnecessary hardship, and giving your family the gift of clarity and peace during a time of loss.
As an estate planning attorney, my role is to help ensure your plan actually works – so your loved ones are supported, not stuck in court, when it matters most.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a 15-minute introductory call today.