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Is a spouse a next of kin for inheritance purposes?

Updated: 9/17/2019
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Q: Is a spouse a next of kin for inheritance purposes?
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Is your mother your next of kin?

If you mean for purposes of inheritance or medical treatment then yes, your parents are your next of kin as long as you are not married. If you're married your next of kin would be your spouse. For purposes of inheritance the term is heirs-at-law. See related question links provided below.


Would a son or mother be next of kin?

If a person who has no spouse or children dies the living parent(s) would be the next of kin for purposes of inheritance. You can check your state laws of intestacy at the related question link below.


Can there be more than one next of kin?

Yes. If there is no surviving spouse, the next of kin are the children (equally and together). If there are no children then the next of kin is determined by the laws in the jurisdiction. Next of kin for legal purposes is set forth in the laws of intestacy.


Is your husband your next of kin?

Yes. You can check your next-of-kin and heirs-at-law for purposes of inheritance under your state laws of intestacy at the related question link provided below.


What rights do you have as an estranged wife when the spouse is ill?

You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.


Who is next of kin if there are three children from two different marriages?

Generally, next of kin for legal purposes would be the spouse. If there is no spouse then the three biological children of the decedent would have equal standing as next of kin. However, laws vary so you should check the laws of intestacy in your particular jurisdiction.


Who is the next of kin for minor child with unmarried parents mum or dad?

In the US and the UK a minor child's next of kin is her parents. It doesn't matter whether they are married and the law favors neither one. See the related question for a more detailed source for inheritance from intestate estates.


Who is next of kin parent or child of patient?

Generally speaking, if the patient has children (or a spouse and children), they are the legal next of kin. If no children (and no spouse), the parents are the next of kin.


Could the husband of a deceased sister have a claim to her inheritance?

Of course. The spouse is almost always the next of kin. As next of kin he is in line to inherit unless she has a will that directs otherwise or he caused her death in a criminal manner. In England & Wales, the deceased's estate goes automatically to the remaining spouse.


Who is your next of kin when married?

Your spouse.


Is a spouse in the state of Maryland considered next of kin?

In most states the spouse is the presumptive nearest relative (i.e. next of kin).


Who is your mothers next of kin to your mother when she is sick?

In most cases the next of kin would be the spouse. If there is no spouse, children would be considered.