Legal Question in Wills and Trusts in Massachusetts

My sister passed away recently. Her son who is 44 years old claims that he is legally the "next of kin" but my Mom (her Mom also) is still alive - wouldnt she be legally the next of kin? And if she was dead then her son would be proclaimed it? There is no spouse or other children. She had no will.


Asked on 6/04/11, 6:02 pm

4 Answers from Attorneys

John Harmon The Law Office of John W. Harmon

Her son is the one who will inhearit.

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Answered on 6/04/11, 6:54 pm
Alexandra Golden Golden Law Center

I'm sorry for your loss.

As Attorney Harmon notes, under the law of intestacy (meaning without a will), if one dies unmarried and with children, the children are considered the next of kin. If there were no children, then your mother would be the next of kin.

This is a good example about why a will is important -- it eliminates uncertainty about who will inherit.

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Answered on 6/04/11, 7:02 pm

Under MA GL c 190 the children inherit in equal shares

1) In equal shares to his children and to the issue of any deceased child by right of representation; and if there is no surviving child of the intestate then to all his other lineal descendants. If all such descendants are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, they shall take according to the right of representation.

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Answered on 6/04/11, 8:10 pm
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

the sun would be the person getting the monies if the only child. unless there is in fact a will providing for distribution in a different manner

Maurice LaRiviere Jr

200 Merrimack Street, Suite 202D

Haverhill, Ma 01830

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Answered on 6/05/11, 12:24 pm


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