Legal Question in Wills and Trusts in California
How does one prove they are next of kin?????
When a person dies and has only one son who is 23 are they next of kin or are the deceased parents the next of kin and what constitutes proof of this?
1 Answer from Attorneys
Re: How does one prove they are next of kin?
Is there a dispute? If there's some doubt in a probate, the executor/administrator will file a petition to determine heirship with the known facts and the court will decide.
If it's proving entitlement to something like a life insurance policy or retirement plan, the company administering the plan/life insurance will give you the list of their requirements.
As for next of kin, if the decedent is not married, his/her children are the closest relatives, and if there are no children, then the parents of the decedent are.
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