Disclaimer: This article is for educational purposes and not legal advice.
Detailed Answer
Under Massachusetts General Laws Chapter 229 (Wrongful Death), survivors may bring a wrongful death action and recover damages. The statute outlines who may file and how to distribute proceeds. Always consult an attorney to ensure compliance.
1. Eligible Beneficiaries and Priority
Massachusetts law assigns priority in this order:
- Spouse and children
- Spouse only
- Children only
- Parents
- Siblings
- Other next-of-kin
If no family member is alive, proceeds pass to the deceased’s estate.
2. Division of Proceeds
The statute specifies how to split damages:
- Spouse and children: divided equally among all.
- Spouse only (no children): spouse receives all.
- Children only (no spouse): divided equally among children.
- Parents (no spouse or children): divided equally between mother and father.
- Siblings (no higher priority kin): divided equally among siblings.
Half-blood siblings share equally with whole-blood siblings.
3. Appointment of a Fiduciary
The court may appoint a personal representative or fiduciary to collect and distribute proceeds under M.G.L. c. 229, §1. This ensures proper handling and protects minors and incapacitated beneficiaries.
4. Court Approval and Final Distribution
The court must approve any proposed distribution plan. If beneficiaries agree, the court ratifies the plan. Disputes resolve through hearings.
For full statutory text, see M.G.L. c. 229, §2.
Helpful Hints
- Gather vital records: death certificate, marriage and birth certificates.
- List all potential heirs early to prevent disputes.
- Consider mediation for quick resolution.
- Keep detailed records of communications and agreements.
- Consult a probate attorney to file required motions and forms.