Legal Question in Family Law in Massachusetts

next of kin

my ex-husband died. We have a daughter. I have 100% custody of her. He was absent from her life. His mother and father planned his funeral. Does my daughter have any legal rights to any of his assets?


Asked on 3/12/09, 12:10 pm

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: next of kin

Unless your ex-husband had a Will that specifically declined to provide for your daughter, she may have rights to a portion of his estate. Retain an attorney to investigate this on her behalf. Good Luck!

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Answered on 3/16/09, 12:30 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: next of kin

Assuming that your ex-husband did not have a will, yes, your daughter would be entitled to some portion of his estate.

However, if your ex-husband did prepare a will, it is possible that he chose not to provide for her.

You should contact an attorney to explore whether there was a will, and whether administration of probate was ever commenced on behalf of your deceased ex-husband.

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Answered on 3/12/09, 12:58 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: next of kin

Unless your ex-husband's will properly cuts off your daughter, your daughter is entitled to a share of his assets.

Mr. Vaughn-Martel's advice that you get an attorney's help to look into this is right on the money.

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Answered on 3/12/09, 1:50 pm


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