The Next of kin" refers to your closest blood relative or legally recognized family member. It's a term used when you pass away without a will. The next of kin is set to the next of assume essential responsibilities when an individual cannot act on their behalf.
Next of kin is almost always established by legal and familial relationships. Generally, spouses; children; and parents are considered immediate next of kin for someone.
The next of kin typically arranges funeral or memorial arrangements. This will involve the determination of burial grounds or which cremation should be used.
However, depending on differing circumstances, the specific order of a person's priorities may also differ in a jurisdiction. For instance, regarding healthcare decisions, parents might have issues over wife or siblings.
When a person does not know who their 'next of kin' is, several problems and complications may occur. Some potential events that could occur are as follows:
1. Legal Proceedings: Legal processes may become cumbersome without a designated next of kin. Drawn-out procedures like guardianship or asset distribution would require the intervention of courts to appoint persons suitable for fulfilling those responsibilities.
2. Decision-making in Healthcare: Since no next of kin have been named, medical practitioners may need help eliciting consent to necessary treatments or interventions. This situation creates ethical and legal difficulties on the part of doctors that require court intervention to authorize appropriate medical decisions.
3. Distribution of Assets: With nobody among the deceased's family members or country to inherit his estate, distribution may be governed by such laws as intestate succession. This gives distant relatives or even the state a right to inherit a fortune the deceased had coveted for years.
4. Funeral Arrangements: Death occurs without established criteria when there is no next of kin; therefore, funeral or memorial arrangements cannot be adequately exercised. In such circumstances, close friends, your extended family members, or even social service agencies step in to exercise the funeral arrangement.
So now you know what's next of kin and what happens when there is none. When faced with the same scenario, consulting a lawyer specializing in estate planning and probate is prudent.
They can guide you, pursue legal options, assist in handling complications that arise in this situation, and help create inheritance plans for the deceased person.