Next of kin refers to the closest relative of a deceased or incapacitated person, including adopted family members and spouses. Inheritance rules generally follow next of kin, unless specified in a will. If no blood relationship is found, ownership reverts to the government. Someone may be appointed to make medical and legal decisions for an incapacitated person if no next of kin can be found. Precedence for inheritance is given to immediate family members.
Next of kin is a term used to refer to someone who is the closest relative of someone who is incapacitated or dead. For legal purposes, adopted family members are treated as next of kin even if they are not blood relatives. Some legal statutes also include persons who are associated by affinity, such as spouses, under this term. Conversely, a blood stranger is someone who has no known blood relationship to another person.
For as long as humans have had property to bequeath, inheritance rules have generally followed the guidelines of next of kin. When someone dies, the next of kin are deemed to be entitled to the inheritance, unless the individual’s will specifies otherwise. In the event that someone dies without a will or will, the distribution of the inheritance is determined by finding the next of kin. If no blood relationship can be found, ownership of the estate will revert to the government through expropriation.
Concerns about locating next of kin are not limited to situations where someone dies and heirs need to be found. When people are incapacitated by injuries or chronic conditions that prevent them from playing an active role in their medical care, someone to make the decisions must be appointed. If someone hasn’t expressed previous wishes and hasn’t nominated someone to do so, the next of kin can make decisions on her behalf.
It’s rarely impossible to pinpoint next of kin for someone who can’t make medical decisions, but it does happen. In these cases, someone may be appointed by a court to make medical and legal decisions on behalf of a person who is unable to do so. This person must act in what he believes is in the best interests of the person represented. People who know they have specific wishes on how to handle medical and legal matters should meet with an attorney and person they would like to appoint to enforce these wishes so that someone is already on site if problems arise.
Most nations have set precedence for next of kin based on the level of connection to the deceased. For example, children inherit before grandchildren. Precedence is usually given to immediate family members, although someone in the deceased’s immediate family may choose to distribute some of the estate to someone who is more distantly related.
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