My partner recently died, he was adopted, we have a son is our son next of kin or his adoptive father and mother? Pleas help I am having a really rough time missing my partner and being deceived by his folks.
2007-12-23 21:03:26 · 16 answers · asked by helena71 1 in Politics & Government ➔ Law & Ethics
Presumably you were not married. Had you been, then there is no doubt about it, you would have been next of kin. Presumably the point at issue is who should administer his estate. You don't say how old your son is. He stands next in line for inheritance purposes, ranking before the adoptive parents. There is a good little diagram on this link. http://www.taxationweb.co.uk/capitaltaxes/article.php?id=113
If he is of full age, then he should administer the estate. If he is not, then perhaps it might be a good idea to instruct a solicitor on his behalf in order to get the adoptive parents off your back.
2007-12-23 22:02:02 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
If your son is 18 of over then he would be the next of kin. To be honest - the fact that you were together and had a son together, that could be enough to make YOU the next of kin. Otherwise it'll be his parents. However, having said that - depends what the deception etc is about. Even as a child his son will take priority over the adoptive parents. You really need to ask someone in the know like CAB. Good luck xxx
2007-12-23 21:08:55 · answer #2 · answered by Anonymous · 1⤊ 0⤋
"Next of kin" in what respect? Next of Kin doesn't usually matter much at all.
Did your partnet die without a will? If so then his son would be the primary heir, so long as he was legally his. If his son is a minor, though, then an executor or administrator will have to be appointed, which would in most cases be his father, since he was unmarried.
Since you were not married, that's only the case if he was named as the father on the birth certificate, or had been formally found to be the father by a court.
Richard
2007-12-23 21:13:57 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋
If he was legally adopted, there is no difference. If he was unmarried (and assuming the child was not from a marriage), his mother is his next-of-kin.
Unfortunately the law is not crystal clear here. It could also depend upon how old his son is.
Personally, if it's about an estate, I'd let the parents have it and just be glad they're not suing for custody of their grandchild (especially if you are not a biological parent, or if his name was on the adoption papers).
2007-12-23 21:11:00 · answer #4 · answered by ? 6 · 1⤊ 1⤋
Your son is the next of kin. But in case he left without a will or testament, the child still needs an administrator. It is best to see a lawyer.
2007-12-23 21:06:39 · answer #5 · answered by MoreOfMe 4 · 1⤊ 0⤋
If you have a recognized partnership like a wedding liscence or a civil union document or a common law marriage certificate that you are the guardion or next of kin, unless his/her will states otherwise.
If you are an unrecognized gay couple then the son goes to the bio-parent)s) or grandparents unless someone files a writ of challenge.
2007-12-23 21:53:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends. What was your relationship with him? was he your boyfriend or husband? If he was your boyfriend your son (I'm assuming the deceased is the father) would be the next of kin under the intestacy laws. If the deceased was your husband, you are next of kin.
In law next of kin works along the family tree. Imagine your family tree, (if married) you are on the same branch as your partner. Next of kin works up and down the tree then, across. So after you in the same spot on the tree as him, if goes down to your children (then their children etc) then parents, then Siblings. Cut off I believe is up to parents, down as far as the tree extends, and across to uncles and aunts. Cousins arent included.
2007-12-24 02:28:31 · answer #7 · answered by Master Mevans 4 · 0⤊ 0⤋
Your next of kin is whoever you decide it to be. If you choose not to name a next of kin than in the event of your death the closest blood relative of yourself will be chosen. But don't be decieved, should you want a good friend, bf/gf/, child or parent law to be next of kin it is your decision. So in answer to your question if your partner ever made a legal document for his next of kin that is final however if not and you both have a child together the next of kin should go to you
2007-12-23 21:11:40 · answer #8 · answered by Anonymous · 1⤊ 1⤋
As far as married couples are concerned existing spouse as the case may be is the next of the kin.
2007-12-23 21:32:50 · answer #9 · answered by ahmed k 5 · 1⤊ 0⤋
your son is next of kin, if he holds your partners surname. this may result in a blood test if his adoptive parents cause a fuss.
2007-12-23 22:05:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋