Legal Question in Civil Litigation in Massachusetts
Is it possible for someone to have legal standing (for example, a descendant ) to sue for slander of a deceased person? If so, would the person suffering damages be the deceased or the person bringing suit (or both)?
2 Answers from Attorneys
You can bring a claim against the executor/administrator of the deceased's estate. Assuming your claim is timely brought, you will need to prove that the deceased made a false and defamatory statement concerning you to another person or people and in most cases that you have suffered some actual damages.
These cases are difficult and you are well-advised to speak with an attorney before filing suit.
The estate of the deceased person could potentially have a claim or claims against the slandering person, if all of the requirements for slander are present, but there would not be any basis for claims by others, including the descendants.