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)?


Asked on 2/25/10, 4:41 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

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.

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Answered on 3/02/10, 5:47 pm
George Davis Law Office of T. George Davis, Jr.

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.

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Answered on 3/02/10, 7:50 pm


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