For the lawyers: weird legal question

[33girl]

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]

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.

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

[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 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]

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

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]

Damnit Bubbles - you made me lose my bet!

[Drolefille]

Originally Posted by AlphaFrog

Damnit Bubbles - you made me lose my bet!

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

Do share.

[Drolefille]

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]

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

[AlphaFrog]

Nevermind.

[OtterXO]

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

[kddani]

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

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

[GeekyPenguin]

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

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.