Is the ex-wife next to kin?
My boyfriend passed away. The police identified my boyfriend’s mom as Next to Kin. She was able to plan for the funeral, file estate case, etc. Now my boyfriends ex-wife is claiming she is next to kin and plans to file estate. Is the ex-wife next to kin?
Ex-wife has no legal rights. There might be something in the divorce settlement saying she is entitled to something at his death, or it might specifically say she has no right to anything. But she isn't entitled to priority of appointment or inheritance. If there is a mutual child, the child has rights.
If they were divorced at the time of his passing, then the ex is just that - ex. His legal next of kin would be determined by intestacy laws if he did not have a Will. If he had children then they would be first. If no children then if he had a parent then that person has second priority. The ex has no legal standing her except for a possibility that she might be still a creditor and that would be the second lowest priority.
No, ex-wife has no legal right to anything unless there are some outstanding obligations under the divorce, and even then, she would merely be a creditor.
Asker
Thanks! I wasn’t sure why she was claiming herself as wife. Does the law determine legal status (next to kin)?
Keeley Canning Luhnow
Probate Attorney in La Jolla, CAYes, there is something called a "table of consanguity" that you can Google and you can also look up "intestate succession." The table tells you the degree of relationship of all people in a family to each other. Intestate succession tells you who inherits from a person who dies without a will. But keep in mind that divorce agreement, also called a marriage settlement agreement (MSA) might have something in it.