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Medical examiners and medical professionals who cared for a patient upon their death were previously permitted to remove a part of a body if there was no known next of kin, or if the body was unidentified. [5] This change is to encourage the practice of allowing an anatomical gift to be made by a notation on a driver's license. [5] [3]
California is late to making the change; 45 other states and D.C. already have next-of-kin laws. California requires hospitals to turn to a patient’s next of kin, closing a longtime loophole ...
Consequently, when the estate under administration consists wholly or mainly of land, the court will grant administration to the heir to the exclusion of the next of kin. In the absence of any heir or next of kin, the Crown has the right to property (other than land) as bona vacantia, and to the land by virtue of the historic land rights of the ...
Named heirs can also be missing, or have predeceased the testator, leading to the need for probate research. In all these instances, professional probate researchers work to trace the next-of-kin, or the named heirs, in the case of a last will and testament.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
In such jurisdictions, if no relative falls within the limitation set by the statute, then the property escheats to the state. In the United States, §2-103 of the Uniform Probate Code , which has been adopted by a number of states, sets the outer limits of the right to inheritance with grandparents , aunts and uncles, and first cousins .
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
Estate planning may involve a will, trusts, beneficiary designations, powers of appointment, property ownership (for example, joint tenancy with rights of survivorship, tenancy in common, tenancy by the entirety), gifts, and powers of attorney (specifically a durable financial power of attorney and a durable medical power of attorney).
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