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11-14-2006, 04:19 PM
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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?
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11-14-2006, 04:48 PM
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Quote:
Originally Posted by AXiD670
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.
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If my dad dies, who would be my next of kin when I eventually did die if I wasn't married.
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11-14-2006, 04:51 PM
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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.
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11-14-2006, 04:54 PM
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Quote:
Originally Posted by OtterXO
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
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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.
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11-14-2006, 05:03 PM
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Damnit Bubbles - you made me lose my bet! 
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11-14-2006, 05:04 PM
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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?
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11-14-2006, 05:05 PM
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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! j/k
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11-14-2006, 05:05 PM
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Nevermind.
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Facile remedium est ubertati; sterilia nullo labore vincuntur.
I think pearls are lovely, especially when you need something to clutch. ~ AzTheta
The Real World Can't Hear You ~ GC Troll
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11-14-2006, 05:05 PM
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Quote:
Originally Posted by 33girl
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
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11-14-2006, 05:06 PM
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Quote:
Originally Posted by AlphaFrog
Damnit Bubbles - you made me lose my bet! |
?????????????????????
Do share.
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From the SigmaTo the K!
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It Gets Better
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11-14-2006, 05:06 PM
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Quote:
Originally Posted by OtterXO
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
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Not to mention that the law regarding this stuff can vary greatly from state to state.
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11-14-2006, 05:49 PM
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Quote:
Originally Posted by kddani
Not to mention that the law regarding this stuff can vary greatly from state to state.
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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.
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11-14-2006, 05:56 PM
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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.
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11-14-2006, 06:13 PM
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Your cat.
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11-14-2006, 06:14 PM
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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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