what if someone dies in one state and owns assets in another with personal property the law of the state where the decedent resides generally supersedes the laws of other states 
insurance and retirement plansthe recipient s of proceeds from a decedent s life insurance policy or their retirement accounts such as 401 k s and individual retirement accounts ira are designated in a different way than other bequeathable assets the funds from these instruments typically go to the beneficiaries listed by the decedent on these policies or the accounts themselves even if the decedent designated different people in a will 6next of kin status is irrelevant unless the decedent was married and lived in a community property state if so by law the surviving spouse is entitled to an equal portion of any funds earned or accrued during the marriage unless the spouse had signed a waiver if the spouse is also deceased and there are no living listed beneficiaries those assets may flow to the deceased s next of kin depending on state law 7certain other rules apply to individuals who inherit retirement plan assets those rules have been modified following the passage of the setting every community up for retirement enhancement secure act under the new law ira beneficiaries must cash out their inherited retirement account within 10 years there are certain exceptions such as for people who are chronically ill or disabled and children under the age of 18 8establishing someone s next of kin is also important for law enforcement medical officials and other authorities when they need to make notifications about an individual s death health or well being next of kin responsibilitiesbeing designated as someone s next of kin carries significant legal responsibilities one of the primary responsibilities of next of kin is to make decisions on behalf of the individual in case they become unable to make decisions for themselves this could come up prior to that person s death whether due to illness injury or incapacitation the next of kin can play a role in making serious healthcare decisions for the individual this responsibility is particularly important when the individual is unable to communicate their wishes take a situation where someone is in a coma the next of kin may be called upon to provide consent for medical treatments or end of life decisions the next of kin may also have legal responsibilities and authority they may be tasked with handling the individual s assets paying bills and managing investments this responsibility becomes much more prominent when there is no will next of kin vs power of attorneynext of kin and power of attorney are two distinct legal concepts that confer different roles for an individual next of kin typically serves as a default designation when there is no formal legal document specifying decision making authority on the other hand a power of attorney is a legal document that grants one person authority to act on someone else s behalf the powers granted in a power of attorney can vary widely depending on the terms of the document they often include managing financial affairs making healthcare decisions and conducting legal transactions note that the power of attorney documentation may be for specific actions being next of kin may designate a more broad less defined set of responsibilities another key difference between next of kin and power of attorney is the level of control and authority each confers being next of kin does not necessarily grant decision making authority you usually don t get this kind of power unless it s explicitly stated by law a power of attorney on the other hand does grant explicit legal authority it s a more formalized enforceable way of designating responsibilities 