He also has a sister who he was very close with. If im separated but still married who is the next of kin? Hadnt really given that a thought. For example, your next of kin may be your spouse or children. If the spouse was given the larger part of the estate, this means that, after divorce, there is no one to inherit this property and the Intestacy Rules will apply. her in the Will, although other gifts remain valid. next of kin is not actually a legal term, as far as inheritance is concerned, its children before parents unless it states otherwise in your will. I always listed my mother or older sister, until my kids were grown. Older ones, with mature kids, would list their children. When a person dies in a hospital without any next of kin or friends, and no assets, then the hospital takes responsibility for arranging the funeral through a government agency. Do you choose someone ? If you don’t have a spouse or children, then your parents would inherit your … So a divorced person with children would find that his or her estate would go to their children. With regard to medical treatment, if you are unable to make your own decisions, you can nominate who you want as your 'next of kin' who will speak for you, not necessarily family, it doesn't mean they have any right to inherit should you die. Separated from husband kids both in twenties what can i claim if anything We are just about to start divorce proceedings, I've been wondering who will become next of kin when we divorce? Your spouse is your legal next of kin until you dissolve your marriage by a divorce. I was just reading through the divorce process pages, and it says after the Decree Absolute comes in the husband/wife is no longer considered next of kin. What are the Next of Kin’s legal rights? next of kin is not actually a legal term, as far as inheritance is concerned, its children before parents unless it states otherwise in your will. If your spouse is disabled or unlikely to make good decisions in the event of your death, it may be wise to choose a different next of kin. You may be the deceased’s next of kin, but it is extremely helpful to know what if any legal rights you have. If There is No Next of Kin. do you have parents ? Gut feeling would be my eldest child ? See whether wife … My husband left me 10 years ago. It’s the person you wish to be notified in an emergency. Some states, such as Ohio, offer next-of-kin registration services, which you can use to register your next of kin. With regard to medical treatment, if you are unable to make your own decisions, you can nominate who you want as your 'next of kin' who will speak for you, not necessarily family, it doesn't mean they have any right to inherit should you die. If the next of kin is incapable of making arrangements, it's legally appropriate to follow the next of kin hierarchy to determine who has the right to control disposition and make arrangements. Will Making For Divorced and Separated People February 2012 Edition. Who is next of kin if i am separated? Each will inherit from the other if either should die while married. We have a six year old son, so I understand from an inheritance point of view it will be him, but I was wondering about things like consent if either us is gravely ill, or who would be responsible for funeral arrangements if one of us died - obviously our son is too young to do such However, this is not the case. When I was single,my grama,when she died,my children were older so it was them..not single now but I have my husband set at 10% on my insurance benefits and children at 90%..my son's put me down as next of kin until they marry. Kinship laws vary by state, so make sure to check your local law to determine who is considered next of kin where you live. Choose the person who will notify other family members. She is trying to take over everything and not include my child in any decision making. Many people assume that being the next of kin means that you automatically have the right to make decisions and deal with the affairs of your loved one. The Act defines ‘senior next of kin’ in a similar vein to the Coroners Act, prioritising spouses, then parents and lastly siblings. He has to other daughter ages 27 and 36 by two wives one who is his ex and one by his wife who he has been seperated from for 15 years. A Lasting Power of Attorney (LPA), on the other hand, is a written authorisation that is acknowledged in British law as giving someone the legal right to act on someone else’s behalf. There was no legal separation document drawn up and we are not divorced. If nothing has been filed divorce or legal separation husband is still legally next of kin but may not have power of attorney over finances. Who becomes it then ? Is it my eldest child or is it my sister or does it go back to my parents again ?