A question for lawyers about next of kin, who is legally next of kin in the UK?
OK, I don’t know how it works in the UK, but here’s what would be done in the U.S., whose laws are derived from old UK common law. When a person dies, a probate case is initiated, and the probate court appoints the estate administrator. There is a hierarchy of priority as to who is appointed estate administrator: 1. The person named as such in the decedent’s will. 2. Creditors of the estate. 3. Heirs. Notice that “next of kin” is nowhere on that list. So, if you want to administer your dad’s estate, then I imagine all you need to do is request appointment through the probate court. Of course, your sister may make the same request, so be prepared to demonstrate why you are more qualified than your sister. “Next of kin” is nothing more than degrees of lineage. As siblings, you are all of equal kin. But, as I said above, that is likely not even relevant for purposes of administering your dad’s estate.
