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"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.
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