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Next of Kin Laws

What is a next of kin?

The next of kin will be considered the closest living relative of the deceased individual. The next of kin is decided on when an individual passes away, that way the deceased’s will and inheritance is taken care of if there is no living spouse or children. A next of kin can also have the responsibility and right to make decisions about any medical decisions if the individual is incapable of doing it themselves or even make funeral decisions. The laws pertaining as to what the next of kin’s rights will vary from state to state. Knowing the rights and responsibilities for the next of kin is very important. Read below where Experts have answered many questions relating to next of kin questions.

What is an individual’s chances of receiving life insurance from a parent when both siblings have filled out a claim for the life insurance?

In many cases, when a parent is deceased, the children may have question regarding who will receive a parent’s estate or life insurance. The answer to these questions will all depend on what is stated within the parents will. If the will has provisions for what to do with all assets that are not left to individuals then you may not have a case. If there are no such instructions then you would be eligible to inherit.

If a step grandparent has left their grandchild as “next of kin” on their Veterans paperwork and has given them verbal Power of Attorney before their death, can this individual use this to become executor of the step grandparent’s estate and how long will this take?

Any interested person can petition the court to be appointed executor of an estate. Priority before you could be given to several people. However, if there are no other interested blood relatives, then you could be appointed. As for how long this takes, letters of administration can be issued in about 30-45 days.

If a sibling has passed away and I am next of kin and beneficiary of their estate including life insurance and CD’s, as the beneficiary when would I have to pay taxes on them, if at all? Also, when talking to Medicare and AARP how do I prove that I am handling the estate?

You would be responsible for the taxes from the date of your sibling’s death. As for proving that you are handling the deceased estate, you can use a “small estate affidavit” to prove your authority as long as the estate is valued under $100,000. However, if some institutions refuse to acknowledge the authority of the affidavit you will be forced to petition the probate court for letters of administration.

I am next of kin to a person living outside the United States who is now deceased. Is there an inheritance tax on their life insurance?

In some cases, when dealing with life insurance, the life insurance proceeds are not subject to inheritance tax.

In California who is my next of kin when it comes to withdrawing life support? Would this be the individuals spouse or parent?

In this case the laws regarding next of kin can vary from state to state. In California your spouse would have the legal right to make those decisions unless you designate someone else by signing an advance directive.

When you are next of kin you have already lost someone dear to you. The added stress of an estate can be overwhelming. Being well informed can often help relieve this stress. When dealing with next of kin situations, this can cause many questions such as to who is next of kin and what are the next of kin rights. These questions and many more can be answered by the thousands of Experts.
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Recent Next of Kin Questions

  • I have a valid will of my deceased brother.He has left no estate

    I have a valid will of my deceased brother.He has left no estate . I am the executor and will not be probating his will since he has left no real property actually less than 1000 dollars and lived in subsidized housing. in going through his effects I found a safe deposit key for a box for which he has not paid the rental in over year. the box is still active I would like to get the contents of said box.two options have been offered by non legal entities. 1. if I am named informant /next of kin on his death certificate I can access the box. 2. in lieu of probating his will , If I file his will at probate court I can gain access as executor.??
  • father with alziemers was at a FAST score of 6c (severe dementia)

    father with alziemer's was at a FAST score of 6c (severe dementia) before he died and during the period my sister had him sign me out of the trust and leave everything to her. she had her trust lawyer and another lawyer ask him question to approve his signing of the new trust. The VA has numerous evaluation back from 6/12, 12/13 and 2/13 that had him evaluated at a FAST score of 6C.
    is there a case here?
  • Nursing Home question: When a resident has died of natural

    Nursing Home question: When a resident has died of natural causes, the next of kin was notified. The decedent's wife stated that she has no money and no benefits to remove her deceased husband from the nursing home. Not wanting to keep the body on the premises for health reasons, the nursing home pays for removal and disposition of the decedent. What is the proper procedure for handling indigent burial and body removal in the State of Tennessee?
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