The concept of an immediate family comprises members of a family who share blood relations or are close to each other. The parents and their parents, siblings, children are often classified as the immediate family.
However, the legal definition sometimes takes into account the presence of half-siblings, adopted child, civil partnership, cohabitation, and in-laws as the immediate family members.
The US’s Missouri code of state regulation: 19 CSR 15-7.021 (18) (H) clearly states that,
“An immediate family member is defined as a parent; sibling; child by blood, adoption, or marriage; spouse; grandparent or grandchild.”
In a more accepted sense, the concept of immediate family acknowledges that a person has or may feel particular responsibilities towards the family members even if they aren’t related by blood, such as half-siblings and in-laws.
Will it be enough to say that a family is a group of people related by blood? We guess not; a family is more than that. It is a group of people connected by blood relation, emotion, love, support, and a framework of values.
The concept of the family takes into account the social, economic, and emotional attachment of each member. Although it remains true, the family is often classified such as nuclear family, single-parent family, extended family, joint family, in-laws, distant relatives, or immediate family.
Amidst all these, the term “immediate family” is often thrown around during the marriage ceremony, death ceremony, and during legal proceedings such as hearing a will.
What is legally considered an immediate family member?
You won’t get an easy answer to the question, what is considered immediate family?
The inclusions of the immediate family may differ according to the law that governs. It is so because the term “immediate family” is mostly used by the court of law, legal agencies, and organizations to exercise certain rights to certain family members.
- A will, a legal document that sets forth the wishes regarding the distribution of the property of a deceased, often carries the term immediate family members as beneficiaries. It recognizes the immediate family members who are usually entitled to receive the share of the property. It may contain half-sibling, partners, or in-laws as the beneficiaries who are often regarded as the non-immediate family members.
- Some states in the U.S. enforce “no-contest provisions” against immediate family members when it comes to contesting the will. While in other states, the immediate family can receive a family allowance from the estate funds. They are often entitled to receive homestead allowance, an amount of equity in the family home.
- The federal Family Medical Leave Act (FMLA) levies a strict definition for the immediate family. It defines that family members such as spouses, parents, and minor children, including adopted and foster children, as the immediate family members. The In-law of the employee isn’t included in the list.
- Companies have policies in place regarding hiring the immediate family member of the current employee. Many companies authorize absence due to the death of one’s immediate family member and allow an employee to be still eligible for an attendance bonus. The absence can be granted up to 3 days, which often includes bereavement leave for the permanent employees.
- When it comes to the stock exchange, the industry rules specify that a person cannot hold a particular office if they or any member of their immediate family do not meet particular criteria. For instance, a director of a New York Security Exchange company must be independent, i.e. neither they nor any of their immediate family members may have been an executive officer of the company or received more than $100,000 in direct compensation from the company in the past three years.
- According to the U.S. Military law, an immediate family member of either a Veteran or a current member of the U.S. armed forces include family members related by blood, marriage, or adoption.
- Many families consider their pets, dogs, or cats, as an immediate family member. Unfortunately for pet owners, the concept of the immediate family described by the law of inheritance doesn’t consider them the member of the household but rather as the assets. Although the animals cannot inherit money directly, the owner sometimes designates a trustee and a caretaker to use the money explicitly for their pet’s benefit.
Immediate family definition is often dictated by similar functions as follow.
Shared Responsibility
Each member of the family shares responsibility for running the household which can sometimes be well-defined while other times it won’t. Any member of the immediate family can undertake the responsibility of running daily chores such as kitchen, laundry, shopping, and cleaning.
Common culture
The members of the immediate family share a common culture between them. It may comprise different customs, rituals, festivals, and social behavior that gets carried out per the family’s belief. If a member is not allowed to visit a particular place or eat a certain food, then the other immediate member is also barred from doing it. If living under the same roof, they will share a common lifestyle, such as eating breakfast and dinner together.
Equal rights over the property
It often leads to a dispute over the inheritance of wealth. While the children and spouse of the deceased may often claim the inheritance, the immediate family members who shared a close relationship with the deceased may claim over or some portion of the inheritance. In an extended family, a member outside the immediate family circle can claim their right over the property.
Common dining
As mentioned before, the members of the immediate family residing in the same house share a common dining culture. Everyone sits together to eat, such as breakfast and dinner. Although common dining culture is lessening in western societies, the immediate family members in the Asian communities often sit together to eat.
Decision making
Each member of the immediate family has a say on the matter. Hence, immediate family members own a right to contribute to making a decision.
Removed.