Legal Question in Wills and Trusts in Massachusetts

File the Petition to be appointed Adminitratrix of the estate with the Probate and Family Court of your county.

I'm not clear if there is a question here. Has there been an appointment made yet? If not, and if there is no surviving spouse or if the surviving spouse does not wish to serve, the mother can petition the Probate Court beginning 30 days after the date of death to be appointed administrator.

Please feel free to contact me at 781-433-8665 if I can be of assistance.

Does the son have children or a spouse? The Mother can file for appointment but if the son has children or a spouse or siblings, their consent will be required.

I suggest you contact an attorney to assist you with the process. If you like you can contact me at 671.406.4647.

Based on your question, there is no reason that the mother cannot be appointed administrator of her son's estate.