My father passed away and his sister assumed next of kin instead of it going to me his daughter. Because of this I have no access to any of his belongings or personal items. Who is responsible for the wrong person being listed as next of kin?
Answer
You, and only you, are responsible for protecting yourself in our legal system, with the assistance of your lawyer. If you do not care enough to protect you own rights, believe me, nobody else in the system will either. In this case, your lawyer could easily file a request for formal administration of the estate, which would allow you to file a proof of heirship correcting the record as to who may be the next of kin. If a probate file is pending, your attorney can file an objection to the proof of heirship on file. However, if your father left no property behind, this may not be worth the expense. If you are a minor, you might also be able to get the court to appoint a guardian ad litem attorney for you. Please remember that I am not yet your attorney and will not be taking any action on your case, but you are still welcome to contact me during business hours at my in Racine if you still have more questions. Also, please see me on the web at www.jayknixonlaw.com, or, to read 15 years of my prior answers to consumer legal questions arranged by topic, please go to http://www./answers/search/attorney/jknixon. Answers may contain attorney advertising materials.
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