Who is the next of kin in this situation?
My uncle in California just passed away last week. He has a sizable estate that needs to go to his next of kin. He has no spouse or children and his mom is 93 years old in hospice care and is not legally competant. His brother(my father) is still alive. I am taking care of him due to a stroke.
We plan on hiring an attorney to act as administrator/executor, since this is all out of state, but who is his house and accounts going to? He had no will.
Answers:
If he did not have a will, then his estate will be distributed according to his state's intestacy laws. Usually if goes as follows for next of kin 1) spouse; 2) living children; 3) natural parents and then 4) living brothers and sisters; 5) nieces and nephews
In your situation, my best guess is that his assets will go to his living mother - in my state, it does not matter whether a person has legal capacity in order to receive an inheritance. However, if his mother is in hospice(and she will die soon), most likely the assets will be distributed by her estate (her will) or the above intestacy laws if she has no will.
Therefore, when your uncle's mom dies, assuming she had no will, your uncle's assets after passing through your grandmother's estate will be passed on to your father and any other living children of your grandmother.
Looks like your dad is is the nearest relative. Are there any more siblings of your dad's alive?
I'm not sure. but by the sounds... you're hoping that it will be you
his mother would be first but if she is legally competant, then it would be your father
That is what i would say
The mother is the closest. Then your father unless there are other siblings. Then you and your siblings if you have any.
I am not positive, but I would imagine that your grandmother and father will be receiving the bulk of the estate.
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