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My mother's death took place in my aunt's building. Would my aunt considered next of kin in NYC?

New York, NY |

My mother was still married to my father at the time of her death. He lives in another state (over three hours). I work in the city (30 minutes away from the incident) and live in NJ (90 minutes away).

My aunt is my mother's sister. Can NYPD consider my aunt "next of kin" over my father and I?

Attorney Answers 9


  1. For what purpose? Are you claiming that something about the building caused her death? Is there a will? Where was your mother living at the time? Consult with an experienced NY personal injury/wrongful death attorney.


  2. Your post is a little confusing. Would help if you gave me more facts.


  3. Sorry to hear about your mother’s passing, but I am not sure what your question is. Please give us some additional facts.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Estates, Powers & Trusts Law section 4-1.1 sets out next of kin for purposes of inheritence. What is your issue?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  5. Eric gave you the NY statute regarding next of kin, but the bigger issue, is what happened???? Why do you think the building has liability? You may want to edit and provide more facts to get better answers. My condolences for your loss.


  6. Please accept my deepest sympathies for the loss of your mother. Your question is not entirely clear. In any event, you should sit down with an experienced local attorney to get all your questions answered.


  7. What is the context of your inquiry?

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  8. What the other lawyers are saying is that "next of kin" can have different contexts; and legal issues and authority depends on the context (how the phrase is being used and for what purpose). If you can explain what NYPD is using "next of kin" for, you will get more definitive answers. If they just want to find out what to do with your mother's body in the immediate future, the use and authority is much different that regarding some other issues that may arise. I think that, if you become active and let people know of your relationship and interest in acting for and regarding your mother, you will be able to clear this up. Good luck with it.


  9. For a wrongful death lawsuit?

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