Q: Is the ex-wife next to kin?
My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called her back. Is the ex-wife next to kin?
Your boyfriend's mother is his next of kin. Not his ex wife, because she is his ex wife. A divorce breaks the legal relationship of husband and wife. I assume you are asking out of general curiosity. What happens to.your boyfriends estate (his stuff) is not your business just as it it's none of his ex wife's. It's his moms and her alone.
I'm sorry he's passed on..May he rest in peace.
1 user found this answer helpful
A: If your boyfriend passed without a will, then his estate should be distributed through the laws of intestate Succession found in Probate Code section 6400 - 6414. Under no circumstances is your boyfriend's ex-wife (assuming they were actually divorced) considered next of kin.
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.