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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
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Who is considered next of kin when you have been separated

Customer Question

Who is considered next of kin when you have been separated from your wife for 15 years and have 3 kids in the state of south carolina?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawHelpNow replied 2 years ago.

Hello and thanks for choosing Just Answer®.


I am a licensed attorney and will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:


  1. For what purpose do you ask? [The correct answer varies depending upon the legal context, i.e. estate and probate, guardianship, etc.]

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible. Due to the late hour, this may be tomorrow (Saturday). However, I will not forget about you and will be back in touch with you then.



Thanks!

Customer: replied 2 years ago.
I am asking because my daughter who is nineteen father just passed. He has to other daughter ages 27 and 36 by two wives one who is his ex and one by his wife who he has been seperated from for 15 years. She is trying to take over everything and not include my child in any decision making. He also has a sister who he was very close with.
Expert:  LawHelpNow replied 2 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with civil law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Who is considered next of kin when you have been separated from your wife for 15 years and have 3 kids in the state of south carolina?" Please allow me to extend my condolences on the loss. Your daughter, and each of the decedent's children, stand in exactly the same legal shoes regardless of the different mothers. In other words, any preferences or differences based on factors such as legitimacy, parentage, etc. have long been abrogated by law. South Carolina Probate Code § 62-2-101 et seq. sets forth the "next of kin" hierarchy for purposes of intestate succession (decedent dying without leaving behind a last will and testament). Clicking on the link provided will take you directly to the text of the applicable statutory provisions.

  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 2 years ago.
So what this is saying is that even though they have been separated for 15 years because they never divorced she has all the rights and can make all decisions when it comes to his estate.
Customer: replied 2 years ago.
Can his wife that he was separated from for 15 years go in his house and remove his belongings without the approval of his children?
Expert:  LawHelpNow replied 2 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further -- please see below.

 

I do ask that you kindly press "Accept" on the honor system to process my answer.

 

  1. "So what this is saying is that even though they have been separated for 15 years because they never divorced she has all the rights and can make all decisions when it comes to his estate." No, that is not correct, and I apologize for not better explaining myself. In terms of distribution of the estate (inheritance), the statute I provided gives a preference for the spouse (even though separate as long as not divorced), followed by the children, and so forth. To manage the estate and make decisions, however, is another matter entirely. If the man did not leave a will specifying who will serve in that role (executor, administrator), then the Court will have to settle the dispute and appoint someone to serve in this capacity.
  2. "Can his wife that he was separated from for 15 years go in his house and remove his belongings without the approval of his children?" No, not at all, and by doing so she may be acting unlawfully. Again, the solution lies in the Court overseeing the estate process, which starts by seeing a local probate attorney. It would be well worth making an appoinment to discuss upholding your daughter's rights. You could schedule a consultation for $50, which is a chunk of change but still a rather modest sum in the scheme of things: Lawyer Referral Service

 

I hope all goes smoothly for you with this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

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