next of kin

my boyfriend recently passed. when he died his half-brother was deemed next of kin. eventhough we have a son together and he signed the birth certificate. i lived in the home with the man before he died. now my son and i arent allowed on the property.

is there anything i can do about my son being the next of kin?...when these people are emptying out our house with all of our belongings in it.

You need an attorney now! The son is his next of kin not some brother in law or whatever. It appears that for the brother to be named next of kin he had to go to court. When he did so he had to swear there were no other heirs much less children. He lied if he did. An attorney should get this fixed. The brother will have to account for all property that has been taken/disposed of etc & the estate should go to your son but, it is going to take an attorney to do it.

Also, depending on the state you are in if that was your legal residence they cannot prevent you from continuing to live there without a court order & that will be very hard to get if he had a son living there & you are the Mother.

Whose name is the deed to the property in? Did your boyfriend die intestate?

The half-brother is considered next of kin.

Because you were not married, your child is not considered next of kin in the eyes of the law.

Your half brother would had to have gone to Probate Court and been appointed your brother's personal representative for him to be making all financial decisions regarding his half-brother's estate.

It really comes down to whose name is on the deed to the property. They cannot empty the house of your belongings. That is stealing. Call the police and have them arrested. Don't sit by and simply watch as these things are happening. Take action!