Legal Question in Civil Rights Law in Massachusetts

death and next of kin

my brother passed away. He was

divorced but has two children that are

minors. His exwife has custody of the

children. He appointed me the

beneficiary of his annuity and pension.

Which inturn I would give the money

to the children when they became

adults. Does she have any legal right

over the body. I would like to assume

responsiblity for the body in order to

prepare the funeral. Also is there

anyway find out if she had a life

insurance policy on him.

Thank you


Asked on 6/15/09, 3:20 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: death and next of kin

Please accept my condolences for the loss of your brother.

Obviously, you are free to attempt to cooperate with your brother's ex-wife, if you wish. If there are any documents, like a Last Will and Testament or Trust, you will need to consult those documents.

You should consider probating your brother's estate in the Probate Court, either with a will or without a will, whichever is the case, and hiring an attorney to assist you in carrying out your duties.

As his next of kin, you would have the legal right to make arrangements for his final disposition. Depending upon the relationship between your brother and his ex-wife, you may want to involve her to the extent you are comfortable.

Don't hesitate to contact my office if you would like further assistance in your role as administrator/executor/or simply as his next-of-kin.

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Answered on 6/15/09, 3:30 pm


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