Thursday, April 18, 2013
Death means ?
My grandmother passed this past weekend and something came up in a conversation that left me rather curious. When two people are married after the spouse dies the other gets rights I understand that. But what about their actual blood family? If a person doesn't write a will but everyone knows the possessions they are supposed to get should their spouse have the right to withhold that from them because of a law? Does jurisprudence have more of a right to be upheld or does the person who knows it belongs to them have a moral obligation to take what is theirs? Should family matters even be a thing decided by law?
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Family matters are often legal matters, and laws are “intended” to protect the rights of a spouse and any descendants. I think under a certain amount, if there is no will, a surviving spouse has rightful claim. But, if it is shown that there was intent on the part of the deceased to will something to a certain individual, I think a case may be made. Check out Massachusetts General Laws, MGL c 190B, s 2-101.
ReplyDeleteIn Massachusetts, when someone dies intestate (without a will) the courts generally convey the entire estate to the next of kin, meaning in the first instance a surviving spouse if any. This is contestable, of course, but it is hard to prevail given the weight of precedent. A surviving spouse may, of course, choose to give certain things to other family members who feel strong attachments to them, but is not legally obligated to do so. Moral obligations of this sort are another matter, though they are not of course enforceable in law. The legal presumption is that the deceased would have made a will, or given those items to the relevant family members before dying, had that been her or his desire.
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