![]() |
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? |
Quote:
|
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.
|
Quote:
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
|
Quote:
|
Quote:
:p Do share. |
Quote:
Not to mention that the law regarding this stuff can vary greatly from state to state. |
Quote:
|
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? |
All times are GMT -4. The time now is 08:00 PM. |
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.