Kinship laws vary by state, so make sure to check your local law to determine who is considered next of kin where you live. The surviving spouse may take all if the couple was childless. In the United States, your next of kin are the people who will inherit your estate if you die without a will. This article has been viewed 79,188 times. What do I do if my parent died and my step parent inherited everything due to no will? This article was co-authored by Clinton M. Sandvick, JD, PhD. To learn how to determine next of kin in the U.K., read more from our Legal co-author! In general, the spouse will also inherit 1/3 to 1/2 of the separate property. If you have questions, you should contact an estate attorney, who can advise you about who qualifies as next of kin. Descendants are children (whether adopted or biological) or the children of your children (i.e., The next of kin order will usually pass your assets to your primary next of kin: spouse and any children. In the event of a legal separation without divorce, the next of kin relationship is generally handled on a case-by-case basis. There are 11 references cited in this article, which can be found at the bottom of the page. We use cookies to make wikiHow great. However, if there is no spouse, children, parents, and siblings will inherit everything. If you really cant stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. The legal order of next of kin is defined as the spouse, adult children, parents, adult siblings, other relatives and public administrators, according to the Knox County Coroner in Ohio. Include your email address to get a message when this question is answered. If the adoptive parent was a relative or step-parent, then the child may still qualify under state law as a descendant. They will then be next of kin. If there are no grandchildren or great-grandchildren, then you look to parents and siblings as next of kin. The legal order of next of kin is defined as the spouse, adult children, parents, adult siblings, other relatives and public administrators, according to the Knox County Coroner in Ohio. Typically, your spouse and children will serve as your next of kin. If a person writes a valid will before she dies, all of her property passes under that will to the persons or entities the will identifies as her beneficiaries, regardless of whether they are family or relatives. If an individual dies without leaving a valid will, her estate passes to the relatives described as next of kin in the state's intestacy laws. Spengler splits her time between the French Basque Country and Northern California. She holds both an M.A. If the spouse takes 100% and refuses to give you anything, consult an attorney. Try asking family, friends, doctors, and other people close to the person. What do I do if my step parent refuses to give me anything? State laws vary about how an intestate estate is divided. Illinois, for example, has a typical order of next of kin. Spouse and descendants. If you die without a will, you are considered to have died "intestate." Berkeley's Boalt Hall. How do I determine next of kin when someone else who has no rights is trying to interfere? A person's next of kin (NOK) is that person's closest living blood relative or relatives. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Type your state and intestacy statute in your favorite web browser. Carry this card with you in your wallet or purse. This is the order by which benefits are handed out, relatives are notified of the death of a family member and responsibilities after death are delegated. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Most state intestacy laws only permit spouses and blood relatives to inherit and unmarried partners take nothing. You would each get your individual halves of her inheritance when she passes on. If you are trying to find a next-of-kin for someone else, ask others who might have access to that information. Unless the will states otherwise, your children should inherit your share of the estate as they are your next of kin. If an attorney is too costly, check with your county and see if you can get free legal advice. As her only child, yes, you would be. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Fact Check: What Power Does the President Really Have Over State Governors?