Who becomes my brother's next of kin if my parents are divorced?

January 31, 2018

Question

My brother is 18 and he was in a car accident. He is heavily sedated and will be for weeks. He was living with my dad who is 41. My parents are divorced and my mother, 37, has medical knowledge as a nurse in the ED. Who would be the next of kin for him?

Answer

In descending order of "remoteness": spouse - children - parents - siblings - grandparents - uncles/aunts..etc. etc. One of these can be appointed to managed the deceased's estate as "designee" if the others decline to do so. Clearly, one of you needs to see a lawyer so that the necessary papers get filed in a timely manner.


Contact us today if you need help with a similar matter.

Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.

See All Questions & Answers