If I'm not married, is my oldest child next of kin? 27 Answers as of November 13, 2013

I'm not married and would like to know who my next of kin is? I want my children to do what I like with me when I'm not longer here. Dead. Thank you for your time.

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Law Office of Thomas C. Phipps | Thomas C Phipps
All of your children will split your property if you don't have a will. If you want property to be divided differently, you will have prepare a will.
Answer Applies to: Missouri
Replied: 11/13/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If you are an unmarried individual, your children are your next of kin. Depending upon the number of children you have determines the portion of the estate, he/she will receive. If you have three children, they each would receive 1/3. If you have four children, they each would receive 1/4, etc.
Answer Applies to: California
Replied: 9/23/2013
R. Steven Chambers PLLC | R. Steven Chambers PLLC
Your children are your next of kin. All share equally. There is no primogeniture any longer (the eldest child gets everything). You should talk with your children about your wishes upon your death and leave instructions. As for who gets what, the best thing to do is to make a simple will that divides your property as you wish.
Answer Applies to: Utah
Replied: 9/20/2013
Law Office of William Stoddard | William Stoddard
All your children are next of kin. There is no ranking. However, your question is not complete. It sounds like you have ideas on what you want done. Only with a Last Will and Testament can you make those wishes known and more importantly tie compliance to any bequests you make in the will. Simple wills cost $75 if you want to meet with me and discuss it.
Answer Applies to: Washington
Replied: 9/20/2013
Frederick & Frederick PLC | James P Frederick
NO. ALL of your children are next of kin. The oldest gets no special advantages.
Answer Applies to: Michigan
Replied: 9/20/2013
    The Law Offices of Juliet Gavriel
    The Law Offices of Juliet Gavriel | Juliet Gavriel
    In regards to health decisions, then yes. However, you can decide and make it whomever you want with a Living Will.
    Answer Applies to: New York
    Replied: 9/20/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Children would inherit in equal shares.
    Answer Applies to: California
    Replied: 9/19/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Your heirs are all of your children, equally. (If any died before you, then his or her issue, if any, would get that one's share.)
    Answer Applies to: California
    Replied: 9/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes, your children are your next of kin. For many purposes the oldest child is given priority over younger children. For example, the oldest child would have priority to be appointed as Personal Representative of your estate.
    Answer Applies to: Minnesota
    Replied: 9/19/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    All of your children would be your next of kin, not just the oldest. I would recommend you execute a will to document how you would like your assets distributed and how you would like your affairs wrapped up after your death.
    Answer Applies to: Ohio
    Replied: 9/19/2013
    Law Offices of Frances Headley | Frances Headley
    Your children are all looked at equally under the law. If you wish to grant your oldest the power to make decisions regarding final disposition you need to execute a durable power of attorney. You should consult an estate planning attorney to assist you.
    Answer Applies to: California
    Replied: 9/19/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    All your children are your heirs. I'm not aware of any place in Oregon law where "next of kin" is an important concept. If all you're concerned about is the disposition of your remains, then you can write instructions for what is to be done. If there are assets to be distributed among your kids, write a Will.
    Answer Applies to: Oregon
    Replied: 9/19/2013
    Christine A. Cady Attorney at Law | Christine A. Cady
    Your children would be first in line to be your next of kin. They would have the final decision. If your children predecease you, it is up to any living parent, then to any living sibling. If you execute a will, you can designate who you would like to be the one who determines these types of matter after death. This often helps settle disputes that may occur between the children and also gives you a chance to put in writing your final wishes.
    Answer Applies to: South Dakota
    Replied: 9/19/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to draft a will with your wishes so that your executor follows your instructions.
    Answer Applies to: Washington
    Replied: 9/19/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    Depends what state you are in? In Texas it would be any of your adult children in your example.
    Answer Applies to: Texas
    Replied: 9/19/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    All of your children, or if is a child is deceased that deceased child's children step into their parent's shoes. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 9/19/2013
    Gateway Legal Group | Christian J. Albut
    If anything happens to you and you are not married your next of kin would be all of your children, your brothers and sisters and any parents. It is always best that if you have any substantial assets that you have a will or trust drafted to protect what you want done with those assets.
    Answer Applies to: California
    Replied: 9/19/2013
    James Law Group
    James Law Group | Christine James
    All of your children are your next of kin, not just your eldest. That said, you should consider a will or trust and name who you want to execute the distribution of your estate when you are gone.
    Answer Applies to: California
    Replied: 9/19/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Your next of kin are the generation immediately after and immediately before you as well as your spouse or significant other. This would include your children, your parents, your siblings, and your life partner. Adopted persons are considered the same as those of natural birth.
    Answer Applies to: Nebraska
    Replied: 9/19/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Your children are your next of kin. Either you or they can decide who will make the decisions.
    Answer Applies to: Florida
    Replied: 9/19/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your children are your heirs next in line should you die without a Will. If you wish one of them to be your executor or PR, then you should consider doing a simple Will.
    Answer Applies to: Colorado
    Replied: 9/19/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    All of your children are your next of kin, and should you leave any assets, then the assets would be divided in equal shares.
    Answer Applies to: California
    Replied: 9/19/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Your children would all be next of kin. You should write a will. That would discuss what you have and where you want it to go.
    Answer Applies to: Texas
    Replied: 9/19/2013
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