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what determines "next of kin"

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cetiya

Member
What is the name of your state (only U.S. law)? WA

my brother passed away and he had made my dad his sole beneficiary to his retirement fund. but dad died in 1999 and he never changed it. so i'm guessing it goes to next of kin.

he had a daughter and they were estranged for many years and didnt talk to each other for at least 15 or so. and then theres me. so... who's next of kin in this case??
 


ecmst12

Senior Member
Daughter is next of kin. Generally there would be a split between parent, children, and spouse. Siblings only come into play for intestate succession if there is no surviving spouse, parent,or child.
 

anteater

Senior Member
If he had no surviving spouse and the daughter is his only child and he did not have a will, then the daughter would stand to inherit his entire net probate estate under Washington's intestate succession statutes.

If the "retirement fund" (and that is a rather vague term) did not have a contingent beneficiary designated and the plan itself does not have any provisions regarding what occurs if the primary beneficiary is deceased (even if the plan does and there is no surviving spouse, it likely would would favor his children), then the funds would become part of his probate estate.
 

cetiya

Member
i do get 1/2 of his tangible items and 1/2 of the residuary estate. but he had a lot of medical bills so i dont think the estate is worth anything. i dont know if that changes anything or not.
 

anteater

Senior Member
i do get 1/2 of his tangible items and 1/2 of the residuary estate. but he had a lot of medical bills so i dont think the estate is worth anything. i dont know if that changes anything or not.
You are saying that he had a will? And your question was only about the "retirement fund?"

You need to contact whoever administers the fund to determine what happens when the primary beneficiary is already deceased.
 

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