liability trusts-and-estates death
Legal Obligations of the Designated Next of Kin – The Deceased Lived Overseas
<p>I find myself in the position of Next of Kin to handle the arrangements for my estranged father. He passed away in a South East Asian Country where he was a permanent resident.</p>
<p>I was contacted by the U.S. Embassy there first. He has another child in the US. Attempts to contact them over the last week, mine and those from the Embassy, have not yielded results. My final option is to inform them via mail.</p>
<p>Information:</p>
<ul>
<li>The Embassy required I fill out an affidavit for surviving Next of Kin.</li>
<li>The deceased lived from Social Security.</li>
<li>It does not appear that he left a will, or named an Executor.</li>
<li>I have no financial interest in his estate. I will not make a claim.</li>
<li>I am being encouraged to move forward with his funeral arrangements.</li>
<li>He has a friend there who wishes to handle his cremation and funeral, whom I want to authorize to do so.</li>
<li>I do not have contact to his friend. The friend contacted the Embassy.</li>
</ul>
<p>The closest question I found was <a href="https://law.stackexchange.com/questions/49758/after-death-what-are-the-requirements-of-a-next-of-kin">this one</a>. The question assumes not handling any arrangements as Next of Kin which is opposite to mine.</p>
<p>My questions are:</p>
<ul>
<li>What are my legal obligations as Next of Kin when <em>placed in the position to make decisions?</em></li>
<li>What are some of the potential legal issues that can arise from the situation?</li>
</ul>
<p>Thank you in advance.</p>
<p><strong>Update:</strong></p>
<p>I have yet to submit the affidavit, which still needs to be notarized. I was in the process of doing so when I felt the need to ask for advice. I was not originally going to do it, but the Consul officer stressed the issue for several days and trivialized it to funeral arrangements.</p>
<ul>
<li>What will happen if I do not submit the form DS5511 now?</li>
<li>Can I be forced to take care of my father's affairs if my sibling refuses?</li>
<li>Do I need to take further steps to protect myself?</li>
</ul>

<h2>None</h2>
<p>Next of kin have no legal obligations in common law countries. They have a right to be informed but no obligations.</p>
<p>The laws that apply to your father’s estate will be the laws of the country where he lived and died. You haven’t identified that country so we can’t say if their law imposes obligations on the next of kin. Notwithstanding, since you are not subject to their jurisdiction, the law, whatever it is, doesn’t apply to you.</p>

<p>It seems as if you are being asked to taken on some of the responsibilities that normally fall on the administrator of the estate, such as making funeral arrangements.</p>
<p>I do not know of any US law under which a person can be required to do this. Even when the deceased names a person as executor, or a judge names a person as administrator, that person is free to decline, or to later resign.</p>
<p>You might well <strong>want</strong> to, or at least be <strong>willing</strong> to, take on these limited responsibilities. That is a valid choice. But it is a choice, not a legal requirement.</p>
