Q: What to do when someone is claiming next of kin falsely and getting my son's property?

A: The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe their close relationship with another person who has died. That's not necessarily "false" when the term is being used in its common sense.

A police officer isn't required to research when one person claims to the the next of kin of another person. By virtue of the fact that your son was living with his "step" grandmother at the time of his death, it is completely understandable that she would use the term "next of kin" in its common sense to describe the obviously close relationship they had. Similarly, stepparents and grandparents rarely use the "step" in common discourse. (I personally refer to my stepson simply as my son, particularly as he and his biological father have been estranged since his birth).

While this is not a fight that you and his mother ought to be fighting at this time, you and his mother are his "next of kin" in the legal sense because you are his biological parents (unless your parental rights were subsequently terminated or modified by court proceedings, which sometimes happens in cases of serious abuse or neglect). Assuming his step-grandmother doesn't have a written directive signed by your son as to the disposition of his remains, as his parents, you can take a certified copy of his birth certificate to the funeral home. That should allay any confusion or problems you may have. If it doesn't, you can make arrangements for another funeral home to puck up his body so you can dispose of his remains.