What determines next of kin?

Answer 1

In general, next of kin is determined by the closeness of the degree of kinship one person is to another. Look at it as the usual family tree. For example, a child is one degree removed from the parent while a grandchild is two degrees removed and so on down the line of descendants. A parent is one degree removed from a child while a grandparent is two degrees removed and so on up the line of ascendants. Siblings are two degrees removed; one degree up to the parent and one degree down to the child from the parent. (One degree up and one down.) All states have statutes the specify the exact process and some may have minor variations. For legal matters like inheritance, usually, "next of kin", means descendants first before ascendants. So, generally, even though a child and a parent of the same person are the same one degree apart, the child is considered next of kin over the parent.

Answer 2

Next-of-kin has no single, universal legal definition. The term can have different contexts: a person's nearest blood relatives; the person(s) entitled to inherit if someone dies intestate; the person related by reason of a legal marriage. That phrase is sometimes used to indicate the person who should be notified and who should make decisions in case of an accident or emergency. It often comes up in discussions about who has the right to plan the funeral. Hospitals have regularly recognized spouses and close blood relatives as next-of-kin but it varies from state to state and under the laws in different countries. For minors, the legal next-of-kin would be the parents or if divorced, the parent with legal custody.

Some states define next-of-kin according to the state laws of intestacy. In that sense next-of-kin is used interchangeably with heirs-at-law. In most Western common law jurisdictions and for purposes of inheritance, your next-of-kin are your spouse and those persons most closely related to you by blood. For a child, first in line are your parents, then your siblings. They are the persons who are legally entitled to property left by a decedent with no Will.

Individuals are strongly encouraged to designate the person who would have the authority to make decisions in case of a serious illness by executing a health proxy or medical power of attorney. This is very important in the case of nearest relatives who may disagree. This is especially important for unmarried partners and same-sex partners where same sex marriage is not legally recognized.

In cases of the right to control the disposition of human remains, state laws vary. As an example, the Missouri Statutes define next-of-kin priority as: the attorney in fact designated in a durable POA wherein the decedent specifically granted the right to arrange the dispositions of remains, the surviving spouse, any surviving children or the guardian of any child under 18, any surviving parent. If the decedent is a minor: the parents, the custodial parent of a minor, any surviving sibling.

Some states, including Texas, recognize the following order of decision-makers for an incapacitated patient:

• Healthcare Power of Attorney
• Court appointed Guardian
• Spouse, unless legally separated
• Adult children, majority
• Parent
• Domestic Partner (if unmarried and another person has not assumed financial responsibility for the patient)
• Adult brother or sister
• Close friend

For Purposes of Inheritance
Next-of-kin in the US

Next of kin, in law, are those persons most closely related by blood to a decedent, including their spouse. Generally, for purposes of inheritance, your "next of kin" are the individuals who would inherit your property if you died intestate. Another term for that category is heir-at-law. The two terms are often used interchangeably. Each state has laws of intestate succession that sets forth your legal next of kin or heirs at law.

Generally, your next of kin would be, first, your spouse or if you have no spouse then your children, if no children then your parents, if no parents then your siblings.

Next-of-kin in the UK

'Next of Kin' simply means a person's closest blood relative. The U.K Mental Health Act, 1983 recognized order of precedence is:

1. Husband or wife;
2. Son or daughter;
3. Father or mother;
4. Brother or sister;
5. Grandparent;
6. Grandchild;
7. Uncle or aunt;
8. Nephew or niece.