#Next of kin how to#

This means that your spouse or adult child could make important decisions if you’re incapacitated, even if you haven’t given them power of attorney. If you have not given anyone power of attorney, some states default to asking your next of kin to make decisions on your behalf. If you wind up in a situation where someone needs to make a decision on your behalf while you’re incapacitated, someone with power of attorney can do that. You can also choose not to give anyone power of attorney. You can choose to give almost anyone power of attorney, whether they’re related to you or not. Power of attorney is a legal concept that grants someone the right to make important medical or legal decisions on your behalf. They’re just the person who is most closely related to you. You don’t get to choose your next of kin. Next of kin indicates a familial relationship between two people. If the deceased’s next of kin believes they were unfairly excluded from the will, they can contest the will and make a case for why they should inherit a portion or all of the estate. Anyone else who would have inherited had there not been a will can also challenge the will. While the law varies from state to state, typically, spouses and children have the standing to contest a will. Some people in the next of kin line of succession have standing to contest a will. Where the next of kin often comes into play is if the deceased’s will specifies inheritors for their estate, but excludes their next of kin. The decedent’s should name an executor for their estate as well as the person they want handling their funeral and other final requests. If someone passes away with a will, the next of kin is a less critical part of the process.

That includes contacting the people set to inherit and transferring funds to their possession.

#Next of kin how to#

If the state has laws regarding how to distribute funds from the estate of someone who didn’t leave a will, the executor also handles that process. They must also deal with the estate’s creditors and remaining obligations, paying bills and debts out of the estate’s funds. That makes the next of kin responsible for planning a funeral service and burial or cremation. In many cases, the court appoints the next of kin, making them responsible for handling the decedent’s final affairs. It’s up to the probate court to determine who becomes the executor of the deceased’s estate. If someone passes away without a will, their next of kin inherits the majority of their estate.