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Thread: URGENT: Question about determining next-of-kin

  1. #1
    anon123456 is offline Junior Member
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    URGENT: Question about determining next-of-kin

    State: Maryland

    A 34-year-old man passed away last week as the result of a work-related accident. He lived in Maryland with his 34-year-old girlfriend and their four-year-old daughter. The deceased gentleman and his girlfriend are undocumented (i.e. not legal residents of the U.S.) and the daughter is a U.S. citizen by birth. Furthermore, the deceased and his girlfriend lived together for four years in Maryland and had a relationship for a total of five years.

    The deceased man was adopted as a young child in his home country and his adoptive parents still reside there. His biological parents also live outside the U.S., but in a country other than where his adoptive parents live.

    In this situation and for the purpose of distributing insurance payments, earned income (income that he earned, but was not paid because he passed-away before the associated paycheck/s was/were distributed), and assets, who should be considered next-of-kin? Note that, at this time, there is no in-fighting within the family/extended family as to who should receive the benefits.
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by anon123456 View Post
    State: Maryland

    A 34-year-old man passed away last week as the result of a work-related accident. He lived in Maryland with his 34-year-old girlfriend and their four-year-old daughter. The deceased gentleman and his girlfriend are undocumented (i.e. not legal residents of the U.S.) and the daughter is a U.S. citizen by birth. Furthermore, the deceased and his girlfriend lived together for four years in Maryland and had a relationship for a total of five years.

    The deceased man was adopted as a young child in his home country and his adoptive parents still reside there. His biological parents also live outside the U.S., but in a country other than where his adoptive parents live.

    In this situation and for the purpose of distributing insurance payments, earned income (income that he earned, but was not paid because he passed-away before the associated paycheck/s was/were distributed), and assets, who should be considered next-of-kin? Note that, at this time, there is no in-fighting within the family/extended family as to who should receive the benefits.
    Was paternity established on his daughter? If so, and he is legally the father (signed the AOP) then she is his next of kin and sole heir.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    anon123456 is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Was paternity established on his daughter? If so, and he is legally the father (signed the AOP) then she is his next of kin and sole heir.
    I can check on whether he signed an AOP, though I suspect he didn't. He was undocumented, probably unfamiliar with the U.S. legal system, etc. However, I believe that he served as a father in that he fully supported his daughter and girlfriend, paying for shelter, food, clothing, entertainment, etc. One thing that I forgot to mention is that he has an eight-year-old son from a previous relationship who he has not seen for most of the son's life and who lives in his (the deceased) home country. I believe the son lives with the deceased's adoptive parents. It is likely that the father (deceased) sent some money to his adoptive parents to help support his son.

    Two other items that I forgot to mention are:

    * His place of death was in Virginia (at work), although he lived in Maryland.
    * This question is being asked because the insurance company and employer want to know who to distribute the money/assets to.
    Last edited by anon123456; 10-31-2013 at 09:56 AM. Reason: Add additional info.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by anon123456 View Post
    I can check on whether he signed an AOP, though I suspect he didn't. He was undocumented, probably unfamiliar with the U.S. legal system, etc. However, I believe that he served as a father in that he fully supported his daughter and girlfriend, paying for shelter, food, clothing, entertainment, etc. One thing that I forgot to mention is that he has an eight-year-old son from a previous relationship who he has not seen for most of the son's life and who lives in his (the deceased) home country. I believe the son lives with the deceased's adoptive parents. It is likely that the father (deceased) sent some money to his adoptive parents to help support his son.

    Two other items that I forgot to mention are:

    * His place of death was in Virginia (at work), although he lived in Maryland.
    * This question is being asked because the insurance company and employer want to know who to distribute the money/assets to.
    Who the heck are you in this. All of this man's LEGAL children are heirs. If he is on the birth certificate he had to sign the AOP. The girlfriend is entitled to NOTHING if there was no will.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    anon123456 is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    Who the heck are you in this. All of this man's LEGAL children are heirs. If he is on the birth certificate he had to sign the AOP. The girlfriend is entitled to NOTHING if there was no will.
    I am not a relative, friend, or acquaintance of the deceased, his family, relatives, friends, etc. Nor did I ever meet the gentleman. Furthermore, I do not represent him, his girlfriend, daughter, son, any other family members, extended family members, friends, or acquaintances. This was the case in the past, is the case now, and will be the case in the future. Lastly, I will not gain any financial or non-financial benefit in obtaining and passing-on this information.

    With this said, I understand now that the children are likely the next of kin, assuming he signed both birth certificates. If he did that, do insurance companies also require a guardian's name when the children four-years-old and eight-years-old. If so, who in this situation would be considered the guardian?
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by anon123456 View Post
    I am not a relative, friend, or acquaintance of the deceased, his family, relatives, friends, etc. Nor did I ever meet the gentleman. Furthermore, I do not represent him, his girlfriend, daughter, son, any other family members, extended family members, friends, or acquaintances. This was the case in the past, is the case now, and will be the case in the future. Lastly, I will not gain any financial or non-financial benefit in obtaining and passing-on this information.

    With this said, I understand now that the children are likely the next of kin, assuming he signed both birth certificates. If he did that, do insurance companies also require a guardian's name when the children four-years-old and eight-years-old. If so, who in this situation would be considered the guardian?
    It is none of your business and has nothing to do with you.
    Zigner, justalayman and TheGeekess like this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    anon123456 is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    It is none of your business and has nothing to do with you.
    I am trying to provide objective assistance, but understand you are angry and unwilling to assist anymore. Thank you for the information you provided.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by anon123456 View Post
    I am trying to provide objective assistance, but understand you are angry and unwilling to assist anymore. Thank you for the information you provided.
    I am not at all angry. But quite frankly there is no need for you to know anything since you know NONE of the relevant individuals. Hence you cannot assist ANYONE.
    justalayman likes this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    justalayman is offline Senior Member
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    Quote Originally Posted by anon123456 View Post
    I am trying to provide objective assistance, but understand you are angry and unwilling to assist anymore. Thank you for the information you provided.
    You are either a nosy busy body that has no business injecting themselves in this situation or you are a student doing homework or you are a troll wasting everybody's time.

    So, do we find you behind door #1, door #2, or door #3?
  10. #10
    TrustUser is offline Senior Member
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    the op does not need to "know someone" to be of help.

    it seems apparent to me that he is part of a chain in this situation.

    someone that someone in the chain felt had the ability to get some information.

    which apparently the op does have this ability.

    the information that he gleans from you guys will get passed along, and eventually reach "someone".
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by TrustUser View Post
    the op does not need to "know someone" to be of help.

    it seems apparent to me that he is part of a chain in this situation.

    someone that someone in the chain felt had the ability to get some information.

    which apparently the op does have this ability.

    the information that he gleans from you guys will get passed along, and eventually reach "someone".
    The OP has claimed he has no relationship what-so-ever with anyone involved in this matter. If he's part of a "chain" then that claim is false. Furthermore, if he's part of a "chain" then there is a professional somewhere in this "chain" that can answer the questions.
  12. #12
    anteater is offline Senior Member
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    Chain, chain, chain
    (Chain, chain, chain)
    Chain, chain, chain
    (Chain, chain, chain)
    Chain, chain, chain
    (Chain, chain, chain)
    Chain of fools

    For five long years
    I thought you were my man
    But I found out
    I'm just a link in your chain

    You got me where you want me
    I ain't nothin' but your fool
    Ya treated me mean
    Oh you treated me cruel

    Chain, chain, chain
    (Chain, chain, chain)
    Chain of fools...
    Zigner likes this.
  13. #13
    TrustUser is offline Senior Member
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    hi ant,

    this is the first song that came to my mind, with chains

    http://rock.rapgenius.com/The-beatles-chains-lyrics#lyric

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