For the lawyers: weird legal question
 

Here goes:

Mom33 is deceased. I am an only child. I have 5 first cousins, 4 on my father's side and one on my mother's side. I have one remaining aunt, who is my father's brother's widow.

If Dad33 predeceases me and I'm still single, who is my next of kin for legal purposes?

If my dad dies, who would be my next of kin when I eventually did die if I wasn't married.

Did/does your mom or dad have any siblings that are still alive? Or are your grandparents still alive?? I believe, but I can't remember for sure so don't use this as the gospel, that the order would be grandparents and then your parents siblings and then your parents' siblings children.

No. Like I said, the only aunt I have left is the widow of my dad's brother (not a blood relation). My grandparents are all deceased as well.

I DO have a will - so don't worry ;) - I was just curious about this.

If we want to get even more complicated, the cousin on my mom's side was her brother's stepdaughter and I'm not altogether sure he ever officially adopted her.

Damnit Bubbles - you made me lose my bet!:p

My guess would be cousins as they are blood relatives and your aunt is only related by marriage.

Where's internet lawyer when you need him?

I'm pretty sure that it would be your aunt, as she is a degree closer to you than your cousins. The basic idea in this sort of situation (when no kids, spouse, parents or grandparents alive) is to draw your family tree- whoever you get to in the least amount of steps is likely your next of kin for intestate purposes. I don't believe that the fact that she is your aunt by marriage and not blood counts, unless she divorced from your uncle before his death (which is not the case here).

Make sure you keep your will up to date- always important, especially because you're young.

And remember your dear friend kddani when making that will! :p j/k

Nevermind.:p

This is like a weird law school hypothetical. Maybe someone who's currently enrolled in property, wills & trusts or estate planning can enlighten us because I seem to have forgotten all of this stuff! haha

?????????????????????

:p Do share.

Not to mention that the law regarding this stuff can vary greatly from state to state.

Exactly. You need to consult the laws of your state to find out how your property would be distributed if you were to die without a will. If you die with a will, then the provisions of your will govern. So, save yourself the trouble of wondering and make a will.

Like I said - I do have a will - after my mother passed away Dad insisted on it, and we do have the dying at the same time/me on my own thing figured out. I just have to make some changes to it, and got to wondering who my actual next of kin would be.

Your cat.

I agree others who say that you Aunt would probably be your next in kin. Though, your will could override the law, so maybe you can consider putting someone whom you feel close to or someone who could benefit (like for little cousins setting up a college fund?)

I don't know, but is there someone in mind you would really like to give it to?

that's probably who I'll give it too :p lifetime supplies of cat food...;)

Get a Lawyer and write a living will!

Then it precedes anything else.

If you are single, leave it to either a Charity or Your Greek Organization>;)


Is this Rubic Cube Puzzle?

OMG SHE ALREADY SAID SHE HAS A WILL AND THIS DOES NOT ANSWER HER QUESTION.

He likes to read the post and write a reply that has nothing to do with the question. See the depledging thread in sorority recruitment for an earlier example.

"Here is a solution that solves nothing and does not answer any question you've asked. If you argue with me I'll use the rolleyes smiley 5 times in a row!"

I am in Wills, Trusts, and Estates and it is kind of the bane of my existence because it's boring, so I will raise this hypothetical at my next class. :D

You should stop posting and bang your head into a wall.

Oh no...that's too bloody :eek: I don't think his head could handle that :p

Whoever said the laws vary from state to state is right.

I would imagine that the rules for this vary a great deal from state to state. Go see a lawyer, or if you're wanting to do this cheaply (and a lot less reliably) go to your nearest law school's law library and find your answer in the pro se section (most law schools maintain a section of books for non-law trained people to answer their own basic legal questions).

...going in the siggy...

I'm quite positive that would be Mr. Earp - the all knowing one.

I'm going to go with valkyrie on this one - cat's need to have provisions in your will so they can maintain a staff after you are gone. ;)

33 - I am going to send this to my brother just to piss him off. He hated this part of law school (which is why he is now involved in something with environmental law).

Doubtful anyone here can answer that -- it depends on the state where you live, and I think all of the lawyers on GC know better than to give advice over the internet, especially given that laws of this kind can vary so much from state to state. (Did we mention that inheritance laws vary from state to state. ;) )

Good general advice, except a living will has nothing to do with inheritence, which is what she's asking about.

Dani and I may want to borrow Drolefille's bamboo stick of righteousness to shake at you! :p

Passes it over to you...

I hate all of you.

I thought this would be a somber thread but I laughed instead. I'm a poet and don't know it.

OKAY, she has a will!

She can change it to anything she wants.

If 33girl wants to follow who should get her assests when she is dead and cold, unless she has a direct blood relation such as a daughter or a son, then it follows to the nearest blood line relative.

Father or mothers brother/sister = Aunt/Uncle if alive, next would be cousins.

That was how it was explained to me. That is if you do not have a will and it goes to probate and is left in the hands of a judge of the court.

Having a will is very important as if you dont, relatives will come out of the wood work if you have any amount of money or goods.