If you’re not married, determining who is next of kin for your estate can become more complex. When there is no will, the rules governing next of kin can ultimately determine who is legally entitled to inherit assets, though the specifics vary depending on local inheritance laws. Typically, next of kin refers to the closest living relative, which may include parents, siblings or children and, for those who are married, it may also include a spouse.
If you’re single, a financial advisor could help you create an estate plan to manage and distribute your assets without having to rely on next of kin laws.
What Does Next of Kin Mean?
Next of kin refers to a person’s closest living relatives, usually connected by blood or legal relationship. This term is commonly used in matters of inheritance or medical decisions. It identifies who has the right to make decisions or receive assets if someone dies or becomes incapacitated without a will or power of attorney.
Next of kin status follows a specific hierarchy. Spouses, biological and adopted children, and parents are typically first in line, followed by siblings and then more distant relatives. However, next of kin does not automatically have legal authority, as rights depend on local laws and whether an estate plan exists.
For unmarried individuals, knowing their next of kin is particularly important. Without formal directives like a will or power of attorney, next of kin may assume legal responsibilities or inherit assets by default.
What Is the Order for Next of Kin?
When an unmarried individual passes away without a will, the order of next of kin is typically governed by state or local laws. As such, the exact rules for inheritance can vary. Generally, however, the hierarchy starts with any children the individual may have, either biological or adopted, if that person does not have a spouse.
If there are no children, the next in line are the parents of the deceased. If the parents are no longer alive, siblings come next in the order, followed by nieces and nephews. If no direct relatives exist, more distant relatives like grandparents, aunts, uncles or cousins might be considered.
The specific order can vary based on jurisdiction, but the core principle is to prioritize immediate family before extending outward. However, this default order can lead to unexpected outcomes if there are estranged relationships or no clear beneficiaries.
Situations That Complicate Next of Kin Claims
Certain family structures and circumstances can add complexity to next of kin claims. For example, when families include half-siblings or step-relatives, state laws differ on whether these relatives can inherit. Half-siblings are usually recognized in intestate succession, but step-relatives often are not unless they are legally adopted.
In cases of estrangement, inheritance laws typically do not consider the nature of personal relationships, leading to situations where an estranged parent or sibling may inherit the estate.
Unmarried couples who live together do not automatically have inheritance rights unless designated in a will. This can lead to legal challenges if a long-term partner is not explicitly named in the estate plan.
Legal Tools to Control Estate Distribution
For those who wish to dictate who inherits their assets, a few legal tools can provide a clear and enforceable plan. Using one of the following options can help unmarried individuals bypass the default state laws:
- Wills: A will allows individuals to specify who will receive their assets and to name an executor to manage their estate. By drafting a legally binding will, individuals can include non-family members or charities as beneficiaries, which intestate laws wouldn’t otherwise recognize.
- Living trusts: A living trust enables a person to transfer assets directly to beneficiaries without going through probate, a court-supervised process. Living trusts can offer a more flexible and private approach to estate planning, directing assets to specific beneficiaries.
- Beneficiary designations: For assets like retirement accounts, life insurance policies and payable-on-death accounts, unmarried individuals can name specific beneficiaries. These assets typically bypass the probate process and go directly to the named person.
Bottom Line
Unmarried individuals can use estate planning tools like wills, trusts and beneficiary designations to specify who inherits their assets. This approach can bypass next of kin rules and help avoid complications with estranged relatives or blended families.
Tips for Estate Planning
- A financial advisor can help you manage and distribute your estate. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- If you want to create an estate plan on your own, here are common DIY pitfalls you should be careful with.
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