Who is typically considered the nearest blood relative in a probate case? How? 14 Answers as of June 17, 2015

My grandfather just passed away and there is a debate about arrangements. Who is his nearest blood relative?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
The nearest blood relative does not determine who has the right to make decisions for his funeral, etc. contact an attorney and file a probate action.
Answer Applies to: Michigan
Replied: 6/17/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Children.
Answer Applies to: California
Replied: 6/16/2015
Gates' Law, PLLC | Thomas E. Gates
His wife, then siblings.
Answer Applies to: Washington
Replied: 6/16/2015
Ronald K. Nims LLC | Ronald K. Nims
The table of relationships goes like this, it stops when you find a group with living members, if more than one living member in the group, they all have equal rights. -surviving spouse -children -grandchildren -great grandchildren, etc -parents -siblings -1st cousins -first cousins 1st removed, etc Then it goes up to grandparents and the grandparents descendants, then great grandparents and there descendants until 5x great and if they still can't find anybody living, to the state. So, if there is no surviving spouse, you look to living children, if there are 5 living children - each has an equal right.
Answer Applies to: Ohio
Replied: 6/16/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
There could be several nearest blood relatives as between siblings.
Answer Applies to: California
Replied: 6/15/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Typically the spouse is the nearest blood relative. If there is no spouse then if there are children, the children would be the ones making the decision. Typically there should be some type of agreement on the arrangements, however the person that foots the bill is the one that makes the decisions.
    Answer Applies to: Florida
    Replied: 6/15/2015
    Danville Law Group | Scott Jordan
    The first line is your grandmother. Then comes any living children. The next line are grandchildren and then great-grandchildren.
    Answer Applies to: California
    Replied: 6/15/2015
    Attorney At Law | James G. Maguire
    His children are next of kin. If none are living then his grandchildren.
    Answer Applies to: Louisiana
    Replied: 6/15/2015
    Law Offices of George H. Shers | George H. Shers
    His wife would make those decisions. If she is not alive, then his living children. ?if there are none, then his own siblings.
    Answer Applies to: California
    Replied: 6/15/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Wife, then children, then grandchildren.
    Answer Applies to: Nevada
    Replied: 6/15/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    His children.
    Answer Applies to: New York
    Replied: 6/15/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    I don't know if there is a "typically." Are we talking about who should have preference to be named administrator of the estate? I'd assert that it would be spouse first, children second, grandchildren third, brothers and sisters fourth. That's based only on the intestate inheritance statute, not any other authority. Are we talking disposition of remains? That would be spouse, children (18 or older), either parent, brother or sister, or guardian. But, personal opinion, don't get into a squabble about disposition of remains. It's not about you, it's about the decedent, and celebrating that person's life. And it's about keeping your family strong. Nobody wants to think his death is going to tear his family apart. If it matters that much to risk tearing the family apart, hire a lawyer to guide you through the process.
    Answer Applies to: Oregon
    Replied: 6/15/2015
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri the grandfather's nearest relative(s) in order: Spouse children grandchildren.
    Answer Applies to: Missouri
    Replied: 6/15/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    His nearest surviving blood relatives would be his surviving children, parents, and siblings. However, the persons who would most likely make funeral arrangements would be, in order: his surviving spouse, his surviving children, and if none of those survived him, it would be his grandchildren who are adults. If there are no surviving spouse and adult descendents, then his parents or sibling would handle the arrangements.
    Answer Applies to: Nebraska
    Replied: 6/15/2015
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