If I marry a man who has an adult son am I or is his son next of kin in the will? 17 Answers as of April 27, 2016

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
When a person writes a will, they can name whoever they wish as their heir and executor. A surviving spouse has certain rights and can't be cut off completely. An adult child has no inheritance rights and can be cut off completely.
Answer Applies to: Ohio
Replied: 4/27/2016
S. Joseph Schramm | Joseph Schramm
In Pennsylvania, step-children are not considered to be next of kin for purposes of intestate succession.
Answer Applies to: Pennsylvania
Replied: 4/26/2016
Stephens Gourley & Bywater | David A. Stephens
Neither of you are in the will unless the will is drafted with you or him or both in it. Marriage does not put you in a will, although, depending on the state where you live, there may be rights outside of the will.
Answer Applies to: Nevada
Replied: 4/26/2016
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Marriage revokes a will in Oregon, unless it says it is not revoked by the marriage. So, your husband will have to do a new will. Hopefully his will does not use murky terms like "next of kin," but names individuals who will inherit. Estate planning in a second-marriage situation is tricky, and he should find a good estate planning lawyer to help him with this process.
Answer Applies to: Oregon
Replied: 4/26/2016
Gates' Law, PLLC | Thomas E. Gates
If there is an will, it will state who is to receive what from the estate. If there is no will, he will die intestate and state intestate statute will define who gets what.
Answer Applies to: Washington
Replied: 4/26/2016
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    As a spouse you will have certain rights. You will be entitled to a portion of his estate.
    Answer Applies to: Michigan
    Replied: 4/26/2016
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If a person has properly prepared and executed Will then they can name any person as a legatee under the Will regardless of the relationship to that person. A will can be used to disown a spouse or descendant. A spouse does have the right of renunciation. In Illinois, the right of renunciation means that the spouse can claim 1/3 of the probate estate regardless of the terms of the Will. The Will only applies to the remainder of the estate, and the spouse cannot claim under the Will and by right of renunciation. If there is no Will , the statutory rules of descent and distribution apply. In Illinois a spouse will receive ? of the probate estate and the descendants will share ? of the estate.
    Answer Applies to: Illinois
    Replied: 4/26/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    He can leave his estate to whoever he likes in a revocable Trust. If his assets are subject to probate, it is a bit more complicated. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 4/26/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It is up to him. If he dies without a will, you are the next of kin via intestate succession, but the son will get a share as well.
    Answer Applies to: California
    Replied: 4/26/2016
    Danville Law Group | Scott Jordan
    "Next of kin" would be the son.
    Answer Applies to: California
    Replied: 4/26/2016
    The Stutes Law Group, LLC
    The Stutes Law Group, LLC | Ronald E. Stutes
    The term "next of kin" is generally used in cases of notification when a person is injured or dies. I assume your question is actually who would inherit if your husband died. In Louisiana, a person may leave his or her property to anyone they choose, unless they have a child who is a "forced heir," generally someone who is under the age of 24, or incapable of taking care of their own affairs. (Remember that community property is owned one-half by each spouse.) In addition to a will, each person should have a health care power of attorney to designate someone to make health care decisions if they're not capable of doing so. If there is no will, the children generally inherit, subject to a usufruct in favor of the surviving spouse, meaning the spouse has use of the property until death or remarriage.
    Answer Applies to: Louisiana
    Replied: 4/26/2016
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, whoever your husband names as his legatee(s) is his legatee(s) in his will. For purposes of who would inherit if the will did not provide for someone/thing specifically, then both his spouse and child(ren) would be "next in line" to inherit under the intestacy rules.
    Answer Applies to: Maryland
    Replied: 4/26/2016
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    If he has a will, the term next of kin should be avoided, he should leave the property to you or his son or split it between you. Next of kin is a term used when people don't have wills or other documents giving others authority over certain matters after death.
    Answer Applies to: Texas
    Replied: 4/26/2016
    The Krone Law Firm, LLC | Norman B. Krone
    The next of kin is not relevant with regard to the Will. Whomever is named in the Will as the heir takes the designated assets.
    Answer Applies to: Florida
    Replied: 4/26/2016
    Attorney At Law | James G. Maguire
    Adult child would be husband's next of kin, but not yours, unless you adopt the adult son. A will can change that.
    Answer Applies to: Louisiana
    Replied: 4/26/2016
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You both are next of kin. In many states you would have preference over an adult child if there was some confusion about the terms of the will or if there wasn't a valid will. Some states also recognize what used to be called a "dower portion" where by the wife gets a small percentage off the top of the estate and then the rest is distributed according to the terms of the will or by intestacy law.
    Answer Applies to: Nebraska
    Replied: 4/26/2016
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The next of kin is important when there isn't a will. In that case both the spouse and the one child would equally split the estate. If there is a will, whomever the decedent designates to receive his estate are his beneficiaries.
    Answer Applies to: California
    Replied: 4/26/2016
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney