Q: My brother in law passed away. The bene on his union 401k was my sister. She is deceased. I hear I am next of kin?

A: In California, the next of kin generally refers to the closest living relatives of a deceased person who are entitled to inherit their property if there is no will or other estate planning documents specifying beneficiaries. If your sister, who was the named beneficiary of your brother-in-law's union 401k, has passed away, the next of kin would typically inherit her share of the assets, unless there is a specific contingent beneficiary named in the plan documents. As the next of kin, you may have a legal right to claim the assets if your sister did not designate an alternate beneficiary or if you are the closest living relative after her passing.

However, it's important to note that the specific rules regarding inheritance and next of kin can vary depending on various factors, including the presence of a valid will, the terms of any beneficiary designations, and the relationship between the deceased and potential heirs. To determine your rights as the next of kin and your eligibility to inherit the 401k assets, you may need to consult with an attorney who specializes in estate planning and probate matters. They can review the relevant documents and advise you on the appropriate steps to take to assert your claim to the assets left by your brother-in-law and sister.

In cases involving complex estate matters, it's crucial to seek legal guidance to ensure that your rights are protected and that you understand the legal implications of your relationship to the deceased and their assets. An attorney can assist you in navigating the legal process, filing any necessary paperwork, and advocating for your interests throughout the probate proceedings. By consulting with a knowledgeable attorney, you can ensure that you receive the guidance and support needed to address the inheritance issues effectively and pursue a resolution that aligns with your rights under California law.