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Who is considered next of kin after my father's death?

Who is considered next of kin after my father's death?

Q: What happens if someone claims your child on taxes without permission?

If someone claims your child on taxes without permission, you can file a tax return indicating that you are the child's custodial parent. The IRS may require you to provide documentation proving your custody. This situation can lead to disputes, and it may be necessary to resolve it through legal channels.

Q: Who claims children on taxes if parents are separated?

In cases of separation, the custodial parent typically claims the child on their taxes. If parents share custody equally, they may need to agree on who claims the child each year. The IRS allows the custodial parent to claim the child unless a release form is signed by them allowing the other parent to claim the child.

Q: What determines which parent claims a child on taxes?

The determination of which parent claims a child on taxes is generally based on custody arrangements. The custodial parent, who the child lives with most of the time, usually claims the child. If parents share custody, they can agree on who claims the child, or they may alternate years.

Q: How to support a child whose parents are separating?

Supporting a child during their parents' separation involves maintaining open communication and providing emotional reassurance. Encourage the child to express their feelings and ensure they have a stable routine. It may also be beneficial to involve a counselor or therapist to help them navigate the changes.

Full question:

I am the only child of my parents. In November 2015 my parents divorced. May 21 2016 my father remarried and August 21 2016, exactly 3 months to the day he committed suicide. He knew my stepmother for less than a year and wasnt married for more than a hot second when he died. There is supposedly no will yet i have seen one signed by him in the past its location is unknown. My question is legally who is next of kin myself or my stepmother?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: New York

Answer:

Under New York law, specifically Section 4-1.1 of the Estates, Powers and Trust Law, both you and your father's spouse are considered next of kin. In the absence of a will, the estate will be distributed according to intestate succession laws. This means that you, as the child, and your stepmother, as the surviving spouse, would share the estate. You would receive fifty thousand dollars plus half of the remaining estate, while your stepmother would receive the other half.

Any property that passes outside of the estate, such as joint tenancy property or pay on death accounts, would go directly to the joint tenant, if applicable.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who claims a child when parents are separated?

When parents are separated, the parent with whom the child primarily resides typically has the right to claim the child for legal purposes, including tax benefits. However, both parents may have equal rights to claim the child if they share custody. It's essential to have a formal custody agreement to clarify these rights.