QUESTION
Who is typically considered the nearest blood relative in a probate case? How?
Asked on Jun 15th, 2015 on Estate Planning - Nebraska
More details to this question:
My grandfather just passed away and there is a debate about arrangements. Who is his nearest blood relative?
11 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The nearest blood relative does not determine who has the right to make decisions for his funeral, etc. contact an attorney and file a probate action.
Answered on Jun 17th, 2015 at 12:01 PM
Edwin K. Niles
Children.
Answered on Jun 16th, 2015 at 3:29 PM
Thomas Edward Gates
His wife, then siblings.
Answered on Jun 16th, 2015 at 10:49 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The table of relationships goes like this, it stops when you find a group with living members, if more than one living member in the group, they all have equal rights. -surviving spouse -children -grandchildren -great grandchildren, etc -parents -siblings -1st cousins -first cousins 1st removed, etc Then it goes up to grandparents and the grandparents descendants, then great grandparents and there descendants until 5x great and if they still can't find anybody living, to the state. So, if there is no surviving spouse, you look to living children, if there are 5 living children - each has an equal right.
Answered on Jun 16th, 2015 at 10:07 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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There could be several nearest blood relatives as between siblings.
Answered on Jun 15th, 2015 at 6:16 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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His children are next of kin. If none are living then his grandchildren.
Answered on Jun 15th, 2015 at 3:48 PM
3 Awards
Wife, then children, then grandchildren.
Answered on Jun 15th, 2015 at 3:35 PM
His wife would make those decisions. If she is not alive, then his living children. ?if there are none, then his own siblings.
Answered on Jun 15th, 2015 at 3:35 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I don't know if there is a "typically." Are we talking about who should have preference to be named administrator of the estate? I'd assert that it would be spouse first, children second, grandchildren third, brothers and sisters fourth. That's based only on the intestate inheritance statute, not any other authority. Are we talking disposition of remains? That would be spouse, children (18 or older), either parent, brother or sister, or guardian. But, personal opinion, don't get into a squabble about disposition of remains. It's not about you, it's about the decedent, and celebrating that person's life. And it's about keeping your family strong. Nobody wants to think his death is going to tear his family apart. If it matters that much to risk tearing the family apart, hire a lawyer to guide you through the process.
Answered on Jun 15th, 2015 at 3:32 PM
His nearest surviving blood relatives would be his surviving children, parents, and siblings. However, the persons who would most likely make funeral arrangements would be, in order: his surviving spouse, his surviving children, and if none of those survived him, it would be his grandchildren who are adults. If there are no surviving spouse and adult descendents, then his parents or sibling would handle the arrangements.
Answered on Jun 15th, 2015 at 3:31 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri the grandfather's nearest relative(s) in order: Spouse children grandchildren.
Answered on Jun 15th, 2015 at 3:31 PM