Proof of kinship is a recurring problem faced by potential heirs, which requires them to prove their kinship in the absence of a will by the deceased. It means they must prove their blood or family relationship with the deceased person to be entitled to their inheritance.
The intestacy rules come into play when a person dies without a will, requiring the latter to produce certain legal documents to a probate court to prove their relationship with the deceased.
Let’s look at what proof of kinship is and what process mechanics it involves!
Proof of Kinship
The deceased estate is transferred to their next of kin when a person dies without a will as per the intestacy rules. But for that, the latter needs to prove their kinship through certain legal documents and records. For instance, when proving your kinship in New York City, your Queens Estate lawyers may need to present evidence at a formal kinship hearing or in a Due Diligence affidavit. The evidence may include the following:
- Birth certificate
- Marriage records
- Government-issued identification
- Family tree, etc.
It can include any documents that prove that the survivor is the deceased’s kin, the number of individuals having the same kinships, and the absence of any other individual having a closer degree of kinship. However, it is essential that the documents your Brooklyn probate lawyer presents to establish your kinship must be accepted by the state in which you reside.
Thus, through a preponderance of the evidence, the survivors must prove that they are the rightful heirs to the deceased inheritance.
Relationship to the Decedent
You must produce records and witness testimony to prove your connection with the deceased. For example, if your paternal uncle is the decedent, you need to present your birth certificate and your father’s and paternal grandparents’ birth and death certificates. This must also include census records and your uncle’s death certificate proving your father and the decedent were brothers. You can acquire these documents from Vital Records or by asking family members or accessing them from Vitalcheck.
The Absence of Any Other Person Closer than You
Let’s understand this from the similar example we discussed above. You can prove this point by verifying that your father and his parents are not alive by producing their death certificates. Also, your uncle had no children or spouse at the time of his death by a disinterested person acquainted with your uncle’s bachelorhood.
The Number of People Having the Same Kinship as You
You must prove that your uncle did not have any other nephews or nieces or that all of them and their children have died. To prove this, again, you need to produce certified documents testifying that you’re the only closest relative alive.
Hire an Expert Probate Lawyer, Brooklyn, New York!
For a smooth, stress-free process of your kinship matter, contact Ledwidge & Associates, the best Real Property Law firm NYC, and accompany yourself with the best Queens and Litigation lawyer Queens.
Call +1 718-276-6656 or visit their website for a consultation with an experienced Brooklyn estate lawyer now!
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