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Wills, Trusts & Estates The law of trusts and estates is the area of law which governs the management of personal affairs and the disposition of property in the event of a person's incapacity or death.

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Old 03-04-2006
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I wasn’t sure what catagory to put this question. any help you may give me I would sure appreciate.. My father llives in West Virginia and I live in another state in the south. My father has been divorced from my mother for 10 years and they had 10 children between them. Some of the children live in WV and some live in different states (if that makes a difference)My question is who would be the considered next of kin to my father? and another question.. Who is responsible for paying for his funeral in the future? One of his children say it is the sole responsibility of the oldest child. By law, who is the responsible party. He lives with his mother and has no property or income of his own. whatever money he gets (what he lives on) are “loans” (i use that term loosely)from his children whom he never pays back.

Thanks for your help
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Old 08-20-2006
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Originally Posted by starfour
I wasn’t sure what catagory to put this question. any help you may give me I would sure appreciate.. My father llives in West Virginia and I live in another state in the south. My father has been divorced from my mother for 10 years and they had 10 children between them. Some of the children live in WV and some live in different states (if that makes a difference)My question is who would be the considered next of kin to my father? and another question.. Who is responsible for paying for his funeral in the future? One of his children say it is the sole responsibility of the oldest child. By law, who is the responsible party. He lives with his mother and has no property or income of his own. whatever money he gets (what he lives on) are “loans” (i use that term loosely)from his children whom he never pays back.

Thanks for your help

The sibling who said, "it is the sole responsibility of the oldest child" is absolutely wrong. Since all of the siblings are "next of kin" the "responsibilty for paying for his funeral in the future" would "morally" belong to all of you. "Legally," however, the responsibility for payment is your father's Estate. If there is no money in his Estate, or if some or all of you cannot, or will not, pay for his funeral, then the State will bury him in the cheapest, and most expedient, manner. That is, either by "Pauper's funeral" where he gets a cardboard box and a pauper's grave, or by Cremation.

No one needs to take legal responsibility. The State will take care of it.
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