Disinheritence by desertion

1611.1

I had a cousin who died last year in Boston. She died intestate. She had no husband, children, brothers, or sisters. Her mother died the year before and her father deserted her in 1936. The inheritence goes back up the family tree to the her parents. Well both her mother and father are dead. The father that deserted them in 1936 died in 1959. The mother had two brothers. The deserted father had three brothers.

The mothers brothers are dead and the deserted fathers brothers are now dead. Any inheritence we are being told goes to the children of the children of the dead mother and father of the intestate cousin.

Now some 65 years after the father's desertion, the father's brothers children have come forward and want a proportion share of the dead cousin's estate. The father's side of the family never contributed to the cousin's welfare. My father actually bought them a house and gifted the house to them in 1955. He put off marrying until he was 42 to raise this niece, my cousin.

Is there anyway that the father's side of the family can be disinherited despite intestacy of my cousin. Does anyone out there that know an attorney that has susccessfully handled this type of case? For people that did not even know the deceased nor contribute to her welfare, there must be some kind of redress for those of who did. She was a severe epileptic and these cousins from the father's side are wanting their share. I want to fight it since morally and ethically they did nothing although I recognize they may ahve legal claim? Any lead would be helpful.

There is no provision in the law for giving preference to those who gave care to the deceased. However, if you can show that the deceased promised to pay for the care, then there would be a debt owed:

The following law applies:

Under the General Laws of Massachusetts, Chapter 190: Descent of land, tenements or hereditaments (at http://www.state.ma.us/legis/laws/mgl/190-3.htm):

Section 3. When a person dies seized of land, tenements or hereditaments, or of any right thereto, or entitled to any interest therein, in fee simple or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts and to the rights of the husband or wife and minor children of the deceased as provided in this and in the two preceding chapters and in chapter one hundred and ninety-six, as follows:…

(6) If he leaves no issue, and no father, mother, brother or sister, and no issue of any deceased brother or sister, then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.

My response:

Hey Loku - -

Can you hear it ?

"What the hell does that mean ! ? "

I heard it all the way here in Los Angeles !

IAAL