Legal Question in Wills and Trusts in Massachusetts
Passed sibling
My brother has passed. He has an underage daughter, and an estranged ex girlfriend. Who has legal rights deciding his arrangements
3 Answers from Attorneys
Re: Passed sibling
Unless his will states otherwise, his next of kin is a minor. The ex-girlfriend (again, unless otherwise stated) has no legal standing. Your brother's parents would be the next responsible adult in the line.
Re: Passed sibling
There are at least two questions here. One is who manages your brother's financial affairs. The other is who manages the child.
If your brother died without a will, and if the property
was held solely in his name, then your parents (if they are still alive) need to file a petition to probate or administer the estate. If your parents are not alive, then you need to step up and manage the finances.
The next issue is the child. Is the ex-girlfriend the child's mother? If so, then she will need to petition the court to become the child's guardian in order to receive the girl's inheritance.
Re: Passed sibling
Since your brother has only a minor child, it would be his next of kin, your parents then his siblings.
If there is an argument, you may want to file a petition with the probate court where he lived and have yourself appointed as Executor of his estate and seel an order to allow for you to take care of the funeral arrangements.
Good Luck.