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.
No, that is not going to happen. Legally the step child has no relationship to the deceased.
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.
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
Depends on the relationships and the wording in the Will as the will may state something different is to happen
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.
No, they have no right to the estate as long as the person is living. Those assets may be needed for medical costs.
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.
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.
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.
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.
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.
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.