Next of Kin
What (and Who) Is Next of Kin?
A person's next of kin is their closest living relatives, including blood relatives, such as children, and legal relationships, such as spouses and adopted children.
This designation is critical in estate planning since someone's next of kin is prioritized in receiving inheritance if there is no will. Knowing someone's next of kin is also vital for law enforcement, medical personnel, and other authorities for making notifications about their health, well-being, or death.
What Are the Next of Kin’s Rights and Responsibilities?
A legally executed will usually takes precedence over the inheritance rights of next of kin. However, in most states, if someone dies intestate (without a will), their estate assets go to a surviving spouse. A postnuptial agreement may alter these inheritance rights if the deceased person is divorced.
If there is no surviving spouse, the individual who is next of kin inherits the estate. Funds from retirement accounts and insurance policies go to beneficiaries designated by these documents, regardless of family relationships or will bequests.
The next of kin's rights over the deceased person's information and estate include:
- The right to inherit some or all of the assets
- The right to access any information to help make informed decisions about the deceased or incapacitated person's healthcare, finances, and estate
- The right to legally act on the deceased or incapacitated person's behalf and make decisions about their estate or care
Additionally, a local court may ask the next of kin to be the estate administrator. This responsibility involves the following:
- Notifying loved ones and other important contacts of the death
- Giving directions on how the body should be laid to rest
- Identifying and distributing assets according to state intestacy laws
- Paying debts using assets from the estate
What Is the Order of Next of Kin?
The succession order of next of kin can vary state by state. However, the typical descending order is the following:
The law does not consider foster children, stepchildren, or step-siblings as next of kin. An estate plan must specifically name them as beneficiaries.
FAQs About Next of Kin
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Does next of kin override a power of attorney?
A power of attorney (POA) is a document that gives an individual the legal right to make financial or medical decisions on your behalf if you cannot make them yourself. A next of kin designation does not override an existing POA.
The POA should contain a clause mentioning HIPAA (the Health Insurance Portability and Accountability Act) and naming the individual who will act according to HIPAA guidelines.
You can designate a POA with a power of attorney form. In most cases, only the POA's creator can change the legal document's terms.
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Does the next of kin override a will?
A next of kin designation does not override a legally valid will. (You can create a legal will with a last will and testament template) However, if the court deems a will invalid, state intestacy laws will determine who inherits the assets — typically the next of kin.
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What happens if the deceased has no next of kin?
If the court cannot locate any living relatives of the deceased, the state will take ownership of the estate property. However, this situation is rare since even a distant relative can be an heir to an estate under intestate succession laws.
What (and Who) Is Next of Kin?
A person's next of kin is their closest living relatives, including blood relatives, such as children, and legal relationships, such as spouses and adopted children.
This designation is critical in estate planning since someone's next of kin is prioritized in receiving inheritance if there is no will. Knowing someone's next of kin is also vital for law enforcement, medical personnel, and other authorities for making notifications about their health, well-being, or death.
What Are the Next of Kin’s Rights and Responsibilities?
A legally executed will usually takes precedence over the inheritance rights of next of kin. However, in most states, if someone dies intestate (without a will), their estate assets go to a surviving spouse. A postnuptial agreement may alter these inheritance rights if the deceased person is divorced.
If there is no surviving spouse, the individual who is next of kin inherits the estate. Funds from retirement accounts and insurance policies go to beneficiaries designated by these documents, regardless of family relationships or will bequests.
The next of kin's rights over the deceased person's information and estate include:
- The right to inherit some or all of the assets
- The right to access any information to help make informed decisions about the deceased or incapacitated person's healthcare, finances, and estate
- The right to legally act on the deceased or incapacitated person's behalf and make decisions about their estate or care
Additionally, a local court may ask the next of kin to be the estate administrator. This responsibility involves the following:
- Notifying loved ones and other important contacts of the death
- Giving directions on how the body should be laid to rest
- Identifying and distributing assets according to state intestacy laws
- Paying debts using assets from the estate
What Is the Order of Next of Kin?
The succession order of next of kin can vary state by state. However, the typical descending order is the following:
The law does not consider foster children, stepchildren, or step-siblings as next of kin. An estate plan must specifically name them as beneficiaries.
FAQs About Next of Kin
-
Does next of kin override a power of attorney?
A power of attorney (POA) is a document that gives an individual the legal right to make financial or medical decisions on your behalf if you cannot make them yourself. A next of kin designation does not override an existing POA.
The POA should contain a clause mentioning HIPAA (the Health Insurance Portability and Accountability Act) and naming the individual who will act according to HIPAA guidelines.
You can designate a POA with a power of attorney form. In most cases, only the POA's creator can change the legal document's terms.
-
Does the next of kin override a will?
A next of kin designation does not override a legally valid will. (You can create a legal will with a last will and testament template) However, if the court deems a will invalid, state intestacy laws will determine who inherits the assets — typically the next of kin.
-
What happens if the deceased has no next of kin?
If the court cannot locate any living relatives of the deceased, the state will take ownership of the estate property. However, this situation is rare since even a distant relative can be an heir to an estate under intestate succession laws.