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33girl 11-14-2006 04:19 PM

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?

33girl 11-14-2006 04:48 PM

Quote:

Originally Posted by AXiD670 (Post 1357291)
You mean, if you predecease your dad? I'm confused...if you predecease your dad, stuff would go to your dad. Or, are you asking if you die, and your dad is already dead? I don't understand why you would have a next of kin if you're still alive when your dad dies.

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

OtterXO 11-14-2006 04:51 PM

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.

33girl 11-14-2006 04:54 PM

Quote:

Originally Posted by OtterXO (Post 1357294)
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, 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.

AlphaFrog 11-14-2006 05:03 PM

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

Drolefille 11-14-2006 05:04 PM

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?

kddani 11-14-2006 05:05 PM

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

AlphaFrog 11-14-2006 05:05 PM

Nevermind.:p

OtterXO 11-14-2006 05:05 PM

Quote:

Originally Posted by 33girl (Post 1357301)
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.

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

Drolefille 11-14-2006 05:06 PM

Quote:

Originally Posted by AlphaFrog (Post 1357307)
Damnit Bubbles - you made me lose my bet!:p

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

:p Do share.

kddani 11-14-2006 05:06 PM

Quote:

Originally Posted by OtterXO (Post 1357311)
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


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

MysticCat 11-14-2006 05:49 PM

Quote:

Originally Posted by kddani (Post 1357314)
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.

33girl 11-14-2006 05:56 PM

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.

valkyrie 11-14-2006 06:13 PM

Your cat.

cutie_cat_4ever 11-14-2006 06:14 PM

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?


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