•   Email
  •   Print
Serving
Massachusetts Agencies

Child: Posthumous

Probate

Newhall, Settlement of Estates and Fiduciary Law in Massachusetts, Lawyers Co-operative Publishing Co. (Fourth Edition, 1958), §231 states that a child, once born, takes an interest in the property which relates back to the father's death. The title may very well have been more convoluted if this were not the case, because if the husband had died with no issue then his wife would have taken the whole estate only if there was a determination of value under G.L.c. 191, §1, but if the threshold amount of the husband's estate exceeded the statutory limit she would have to share the title with her husband's next of kin.