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You need to petition the court to be appointed the Administrator of the estate. If there are other heirs-at-law, debts, real property and other assets you should also consult with an attorney who specializes in probate law.

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15y ago

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Can stepchild override blood relative as next of kin?

No, that is not going to happen. Legally the step child has no relationship to the deceased.


Is next of kin liable for funeral expenses if deceased has no estate?

In general, next of kin are not legally obligated to pay for funeral expenses if the deceased has no estate. However, some funeral homes may require a relative to take responsibility for payments upfront. If there are no assets, the funeral home might seek payment from the next of kin, but they cannot force them to pay if they cannot afford it. It’s advisable for families to discuss financial responsibilities and options with the funeral service provider.


What happens to the assets when my deceased husband's stepmom dies and he is a beneficiary in her will?

They will try to get the next of kin according to the will. I assume as your his husband that you should be the closest of kin


Can the next of kin claim a legacy that was left to the deceased person?

Depends on the relationships and the wording in the Will as the will may state something different is to happen


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.


Can the next of kin claim the estate of a person who is in a coma?

No, they have no right to the estate as long as the person is living. Those assets may be needed for medical costs.


If the deceased does not leave a legal Will and has stated their fiance is their 'next of kin' is the fiance entitled to the deceased's estate in Alberta Canada?

The province will have specific rules of intestacy (an estate without a will). In most place the fiancee has no legal standing to claim anything. Being listed as Next of Kin on forms does not provide a legal status of any type.


Can you file a wrongful death suit on behalf of your same-sex spouse?

Depends. In the few states which recognize gay marriage - where you are legally your deceased spouse's next-of-kin - yes. Elsewhere, you would have to be Executor of the deceased's estate to bring a wrongful death claim.


What can the next of kin inherit?

The next of kin can inherit various assets from a deceased person's estate, depending on the laws of intestacy in their jurisdiction and whether there is a valid will. Typically, this may include property, bank accounts, personal belongings, and investments. If there is a will, the next of kin may inherit according to the deceased's wishes outlined in the document. In the absence of a will, the estate is divided among next of kin, usually starting with immediate family members like spouses, children, and parents.


Is a step son the next of kin if there are no other relatives except a distant cousin and his father is already deceased but the step mother has no will?

It all depends on what the provisions of the estate documents state. However, next of kin means a blood relative so the distant cousin would be the heir. In order for the step son to be a next of kin they would have to have been adopted with the provisions stating that the adopted child would be considered as a natural born child of the deceased. Being that there is no will it will go by the guidelines of the intestacy laws (laws for a deceased without a will) which in most cases looks for the nearest blood relative. You may contest this through the courts but there is no guarantee that you will receive any of the money.


Who is considered next of kin of a deceased person?

Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.


Who is best fit for next of kin daughter wife brother sister son mother or father?

Fitness depends on the individual, not a relationship. Next of kin, however, is usually a common way of saying "closest surviving relative" If the deceased was married, the surviving spouse is the closest relative. After the spouse usually come children, then siblings, then parents, then cousins.