Q: I want to know can someone be named the next of kin if they have blood relatives that are still alive?
My aunt passed away, and she doesn’t have any children, she was divorced, and her parents have passed on. I assumed that the next of kin would be the next blood relative, which would be my mother, because my mother is the oldest sibling. The hospital that my aunt passed at stated that another person that is not a blood relative had been listed as the next of kin since 2016. They were not blood relatives, they were “foster sisters” (but my aunt was never formally adopted by the other family). My aunt even attended her brother’s funeral, her sister’s funeral, and my grandmother’s funeral. Can this be done? This so called next of kin is going to cremate her and that according to my cousin that stayed in contact with her, is NOT her wishes.
A:
Your question implicates multiple provisions under Ohio's Revised Code.
Ohio Section 2108.70-2108.99 will be pertinent to your situation. I have included a link below to the chapter. All in all, you may need to retain an attorney if there is a dispute regarding your aunt's final arrangements.
https://codes.ohio.gov/ohio-revised-code/chapter-2108
Best of luck.
A: Your aunt's biological sibling(s) are the next of kin. The next of kin have authority to plan funeral arrangements.
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