QUESTION
If a father dies and leaves behind two children and their mother (whom was not married to him), would the children be considered the next of kin?
Asked on Nov 09th, 2016 on Wills and Probate - South Carolina
More details to this question:
The father's blood-family (i.e. siblings) did not maintain consistent contact with him. His children, both minors at 15 and 16 years old, did interact with him on a regular basis. It had already been decided that the mother would have to represent the children for the estate, despite her not being married to the father. Since this is the case, wouldn't this imply that the children are the next of kin?
1 ANSWER
Provided the father was not married to another woman, his children would be the sole heirs. The appointment of personal representative could give preference to a parent or sibling. Regardless, the mother of the heirs has a strong case for apointment as personal representative of estate.
Answered on Nov 10th, 2016 at 8:28 AM
Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com