For instance, some states make concessions for unmarried domestic partners that allow them to inherit some property in the event that there is no will, but in most states, these partners have no inheritance rights. While most states follow the same hierarchy of inheritance levels as above, there can be differences in some jurisdictions or scenarios that Ohio law does not address. If you have heard confusing explanations for next of kin, it might be from state laws outside of Ohio or even outside of the United States. Escheat is a Latin word meaning “to fall.” Finally, if there are no kin in the last level, then the money escheats to the State of Ohio general fund. Next, if there are no blood relatives as defined, then the law moves on to step-children. If there are no surviving siblings, then lineal descendants of the grandparents, such as nieces and nephews, become the beneficiaries. If there are no living parents, then siblings of either full or half-blood inherit. If there are no kin in the first two levels, then the deceased’s parents inherit. If any of the children are deceased, their children take their place. Where there is no surviving spouse, the next level is children of the deceased. If the children of the deceased are from prior relationships, they are included in this first level as well. The first level is a surviving spouse where all of the children of the decedent are also of the surviving spouse. According to state law s, there are many levels of kin, and where one level has no members, the next level benefits. In Ohio, who qualifies as next of kin is defined by the law. If the person died intestate, meaning where there is no will, only the closest living relatives can inherit the deceased person’s estate. However, in some instances where the beneficiaries are deceased or cannot be located, the local court may need to determine who is the deceased’s next of kin. Where there is a will, there should be no question as to who is to receive the bounty of the deceased because the will should clearly specify this. This enables the court to fairly determine who stands to inherit in a variety of situations. Luckily, in the United States, state laws concerning descent and distribution offer established definitions and guidance. Many families find that determining next of kin is not always so clear cut. But who qualifies? The term next of kin usually means a person’s closest living relatives, such as their spouse or children, but the complexities of family relationships complicate matters. When a person dies and their estate is in probate, the court must often identify their next of kin to award them their inheritance.
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