Legal Question in Family Law in Massachusetts

To properly answer this question, I would need to know if you were married to your daughter's father or if your daughter was born out of wedlock. I would also need to know if you have sole legal or sole physical custody.

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In Massachusetts there is legal custody and physical custody. You may have sole physical custody but joint legal custody. This is usually the case unless one parent has seriously endangered or harmed the child, or if their parental rights were terminated. As long as your child's father has some kind of legal custody/parental rights, it is likely that if he wants to have physical custody of your child after you die, he will get it.

As for a Will, you should always have a Will, A Power of Attorney, and a Health Directive. These are the only ways for you to make sure that your wishes are known and fulfilled. You can still designate that you would like for your child to go and live with your sister (or whoever) even if that may not turn out to be the case. If you become incapacitated, a Power of Attorney assigns the person of your choice to sign in your name. Dying "intestate" without a valid Will causes unnecessary delays and since you do have a child it is always best to plan ahead.

I agree with the previous attorneys who strongly recommend engaging in some sort of estate planning. Even a basic plan is better than no plan at all. That being said, custody will likely be given to the child's biological father, absent some compelling reason. Feel free to give us a call if you would like to discuss your situation further at 617-357-4898.