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Kgrace

Who is next of Kin?

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Hello, I wanted to ask a question regarding a recent death in the family and lack of there being no will. My Uncle and Mom (they are twin siblings) were adopted as babies, about a week ago my Uncle passed away unexpectedly. Would the next of kin be my Mom or their adoptive Father? 

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1 hour ago, Kgrace said:

My Uncle and Mom (they are twin siblings) were adopted as babies, about a week ago my Uncle passed away unexpectedly. Would the next of kin be my Mom or their adoptive Father?

 

Ok...so your maternal grandparents adopted both your deceased uncle and your mother.  Your maternal grandfather is apparently still living.  Correct?  What about your maternal grandmother -- is she still alive?  Was your uncle married at the time of his death?  Does he have any children (living or deceased) or grandchildren?

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45 minutes ago, adjusterjack said:

NY's law of intestate succession doesn't appear to address the combination of sibling and parent

 

It doesn't need to because, if there is a surviving parent (or parents), the sibling gets nothing.

 

If a deceased dies intestate without a surviving spouse and without surviving issue but is survived by one or both parents, then the entire estate goes to the surviving parent(s).  EPT Law section 4-1.1(a)(4).

 

Issue of parents only inherit if there is no surviving spouse, no surviving issue and no surviving parents. EPT Law section 4-1.1(a)(5).

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6 hours ago, pg1067 said:

 

Ok...so your maternal grandparents adopted both your deceased uncle and your mother.  Your maternal grandfather is apparently still living.  Correct?  What about your maternal grandmother -- is she still alive?  Was your uncle married at the time of his death?  Does he have any children (living or deceased) or grandchildren?

 

Yes, my grandfather is still alive, not my grandmother. He was also never married and doesn't have kids. It's really sad too.. my Grandfather is a very greedy man ? he will give all he gets to his two blood related daughters after he passes.

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6 hours ago, pg1067 said:

 

It doesn't need to because, if there is a surviving parent (or parents), the sibling gets nothing.

 

If a deceased dies intestate without a surviving spouse and without surviving issue but is survived by one or both parents, then the entire estate goes to the surviving parent(s).  EPT Law section 4-1.1(a)(4).

 

Issue of parents only inherit if there is no surviving spouse, no surviving issue and no surviving parents. EPT Law section 4-1.1(a)(5).

 

Thank you for this, although I had a sad feeling already that this was how it would be. All my Mother's siblings agreed that my Mom should get all that her brother left behind.... my Grandfather will most likely not care one bit. 

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8 hours ago, Kgrace said:

She will be consulting with an attorney tomorrow

 

There's no harm in consulting with an attorney, but it will be a waste of time.

 

If your uncle was concerned about who would get his stuff when he died, then he should have made a will.  By not making a will, he chose to have his estate treated as set forth in the EPT Law, so having everything go to his father must have been what he wanted.  What anyone else thinks is appropriate is irrelevant.

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8 hours ago, pg1067 said:

 By not making a will, he chose to have his estate treated as set forth in the EPT Law, so having everything go to his father must have been what he wanted.  What anyone else thinks is appropriate is irrelevant.

 

Thank you for being a bit rude??

 

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21 hours ago, Kgrace said:

 

Thank you for this, although I had a sad feeling already that this was how it would be. All my Mother's siblings agreed that my Mom should get all that her brother left behind.... my Grandfather will most likely not care one bit. 

 

Your grandfather is free to disclaim his inheritance and then it should go to your mother as next in line.

 

 

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15 hours ago, Kgrace said:

Thank you for being a bit rude??

 

Despite your use of question marks, this sentence is not a question.  If you intended a question, I cannot discern what you intended to ask.  How you could think an objective explanation of how the law works and the rationale behind it is "rude" is beyond me.

 

Your uncle either consciously or unconsciously chose not to make a will.  Maybe he gave conscious thought to it and affirmatively decided not to make a will.  If that's what he did then either (a) he didn't care what happened to his stuff after he died, or (b) affirmatively and consciously chose to have his estate distributed in accordance with the intestate succession law.  On the other hand, maybe he never gave it any thought.  If that's the case, then there's no question that he didn't care what happened to his stuff.  What anyone else thinks ought to happen with his stuff is legally irrelevant.

 

How is any of that "rude"?

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