Q: Can my minor (15 year old) daughter be next of kin in the death of my exhusband?
He lived in Baltimore we live in Florida.
A:
The context of the question isn't clear. "Next of kin" typically describes the next closest living relative of someone, usually without regard to their age. Maryland does not really confer any special rights on someone by being the "next of kin." A person is generally free to leave their estate to whomever they wish and choose whomever they wish to administer same.
If someone dies without a will, then the law specifies who inherits. Children typically stand to inherit at least 1/2 of an estate of someone who dies without a will after accounting for any spousal allowance, and up to all of an estate of someone who wasn't married. Adult children have statutory priority to serve in certain roles related to their parent (such as personal representative) after any surviving spouse but a minor child could not serve as personal representative.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
