Legal Question in Wills and Trusts in Massachusetts

My ex-husband recently passed away.We have a minor child together.He was currently re-married but was talking divorce.He had a large insurance policy which he said would go mostly to our son when he passed.The cause of his death has still been pending due to his young age 41 .Is there a time frame in which the coroner has to make a finding? Its been four months.Who can I contact about this? Thank You.Also can I obtain copies of his life insurance policy or Will?

Asked on 8/07/09, 12:01 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Please accept my condolences.

You should probably retain an attorney to assist you in this. You will want to notify and open communication with the life insurance company as soon as possible. Regardless if you are mentioned in the will, your son may have certain rights as a child of the deceased. There may also be certain claims for unpaid child or spousal support which should be addressed.

Please do not hesitate to contact this office if you would like some assistance.

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Answered on 8/12/09, 12:13 pm

First, check with the Probate Court for the county in which he lived to determine who is the Administrator/Executor of his estate. If a Will has been filed with Probate get a copy.

Second look at your Separation Agreement and see if he was required to maintain a life insurance policy to secure the Child Support.

Contact an attorney immediately and take this information to him. As to your ex's death, you can request a copy of the coroner's report unless it is being held as part of an ongoing criminal investigation. They should have completed the examination in less than 4 months and a report should have been issued. Since I do not know what county and I am not a criminal attorney, I can't tell you much more.

Please feel free to contact me if you have additional questions.

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Answered on 8/12/09, 12:15 pm

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