Federal Way, WA asked in Estate Planning for Idaho

Q: Im a felon in idaho and my father is dieing can i still be next of kin.

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1 Lawyer Answer

A: Hello,

You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The term "next of kin," is used in Idaho primarily in Title 10 dealing with those persons who can ask the Court for a ruling that they are authorized through birth, succession or appointment, to be a decedent's Personal Representative or Executor, if no will exists. If you were to want to have a court determine this for you, then when the time comes and the Will is read (or not), then you would have the right to petition the Court to be your father's "PR."

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