Legal Question in Wills and Trusts in Massachusetts
My neighbors son was murdered. He left behind an infant daughter. Who is entitled to all of his belongings? He was not married to the baby's mother.
3 Answers from Attorneys
The assets would go to the child. An interested party -- either your neighbor or the child's mother -- needs to agree to administer the estate. Because of the child's age, a trust would be a good idea. Your neighbor should consult with an experienced probate attorney.
I agree with Alexandra Golden's statement
Your neighbor's son's estate would pass under the laws of intestacy in the state where he resided at the time of his death. Based on the information provided, it is likely that his child (or children) will inherit his entire estate. Someone - usually next of kin of the deceased or other interested person - should petition the court for the power to administer the estate. I echo attorney Golden's advice that a trust may be a good idea - depending upon the size of the estate - to protect and preserve any inheritance for the child.