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Q: Can a legally separated spouse be the next of kin?
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Does a brother take precedence as next of kin over a defacto who is separated from partner and they have 4 children?

In most jurisdictions in the US, the spouse is the next of kin unless there is a legal divorce. After the spouse, the children are next of kin; only after them come the brothers and sisters.


If you are married but separated who is your next of kin?

Your spouse is your legal next of kin until you dissolve your marriage by a divorce. Each will inherit from the other if either should die while married. You need to legally dissolve your marriage. Living separate lives but remaining legally married can cause all sorts of legal problems.


Is a former wife considered next of kin?

No. A person is no longer legally connected to their former spouse.


Who is your next of kin legally?

Your closest relation is your next of kin. This is normally a spouse, one or both parents, your siblings, or your children, depending on how old your are and who is living. Descendants and spouses take precedence.


Who is next of kin parent or child of patient?

Generally speaking, if the patient has children (or a spouse and children), they are the legal next of kin. If no children (and no spouse), the parents are the next of kin.


If legally separated is spouse still next of kin?

While the divorce is pending, the spouse is still the spouse, and the legal status does not change. On the day that the divorce is granted, the spouse is no longer the spouse, and reverts to non-related.


Who is your next of kin when married?

Your spouse.


Is a spouse in the state of Maryland considered next of kin?

In most states the spouse is the presumptive nearest relative (i.e. next of kin).


Who is your mothers next of kin to your mother when she is sick?

In most cases the next of kin would be the spouse. If there is no spouse, children would be considered.


Is a spouse next of kin in SC?

Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.


Is partner your next of kin?

A partner is considered next of kin only if they are a spouse. In the United States the order of precedence after spouse is children, parents, grandchildren, then siblings.


Your child's father died recently with no will who is his legal next of kin?

His legal spouse and children would be his next of kin.