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It's kinda of a long story. I am a family member. On all my father's medical history and transcripts, I am his next of Kin but he never adopted me legally. He passed away after making peace with his sister in her home, and now she is claiming to be his next of kin. And making all the funeral arrangements. I am the primary beneficiary on all his accounts and his will, but I dont know where I can request a death certificate for time off at work and etc. I dont want to ask her becuase I dont trust her and she is being very mean to me about not being blood related. Then again, I have never been thru this. Someone please give me the right direction. I live in California. He died in Pomona, CA.

2007-01-29 00:54:25 · 3 answers · asked by Justme 2 in Politics & Government Law & Ethics

Thanks Cheryl. But according to my lawyer, he is saying that I AM the next of kin. All of my dad's documents say I am. Becuase my dad filled them out himself, including the will, he always wrote my name as his daughter, not step child. So, I dont know if that will help.

2007-01-29 01:35:01 · update #1

3 answers

Unfortunately, you are not his legal next of kin, nor can that be named, so to speak. Next of kin refers to actual blood relatives, so his sister is his legal next of kin. You do not designate a next of kin, it is followed like this in most states:
1. spouse
2. children
3. surviving parents
4. brother or sister
5. nearest and dearest after exhaustion of 1st 4 options
In order to obtain a death certificate, you must show just reasona nd realtionship to the decedent. I would recommend calling your funeral director for specific details. Take care and my sympathies.

2007-01-29 04:22:06 · answer #1 · answered by Reagan 6 · 0 0

If you're not his biological daughter, then by law you are not his next of kin. If he has a biological sister and no biological children, the sister is the next of kin.

You can call the funeral home to ask the funeral director for another death certificate - but you have to pay for it.

2007-01-29 03:54:39 · answer #2 · answered by Anonymous · 1 0

In order to obtain a death certificate you have to show reasoning as to why you need it. You being the beneficiary on policies would be proof enough. Being in his will would not. If you arenot related, you are not next of Kin

Sorry for your loss

2007-01-29 01:08:34 · answer #3 · answered by Anonymous · 0 0

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