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

Asked about 1 year ago - 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. Eric Edward Rothstein

    Contributor Level 20

    13

    Lawyers agree

    Answered . 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... more
  2. David Ian Schoen

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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.

  3. Craig A. Post

    Contributor Level 17

    12

    Lawyers agree

    Answered . 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... more
  4. Patrick X Amoresano

    Pro

    Contributor Level 14

    12

    Lawyers agree

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

  5. David J. McCormick

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  6. C. Donald Briggs III

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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. James Otto Heiting

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . 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.

  8. Josh P Tolin

    Contributor Level 19

    9

    Lawyers agree

    Answered . 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.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . For a wrongful death lawsuit?

Related Topics

Wrongful death and personal injuries

Wrongful death lawsuits can be filed if someone’s death is thought to be the fault of another person or business, either intentionally or because of negligence.

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