Legal Question in Wills and Trusts in Massachusetts
My grandfather who passed away a few days ago has two sons. Shannon is his first who my grandfather signed his birth certificate and Darek is the other who my grandfather is not on the birth certificate/doesn't have last name and his mother and my grandfather did not marry.. Who is the next of kin? We are trying to cremate him without a lawsuit. There is no will!
1 Answer from Attorneys
If they are both his children by blood or adoption, then they are both his next of kin. The question is if the second son is indeed his son. Either son or any other relative can petition the court to be the Personal Representative of your grandfather's estate. The Personal Relative can decide how to deal with your grandfather's burial.
If you are suggesting the second son's relationship is questionable, someone could raise that as an issue and seek to require proof he is the son of your grandfather.
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