In a wrongful death settlement, families often want to know who will receive the money and how it will be divided. In Massachusetts, compensation for the family’s losses generally benefits the surviving spouse, children, or other qualifying next of kin. The person appointed to handle the deceased person’s estate brings the claim and manages the recovery, but does not automatically receive the money personally.

Massachusetts wrongful death law determines which relatives qualify for compensation. However, the amount each eligible person receives can reflect their individual losses rather than a fixed percentage based only on their family relationship. Different rules apply to punitive damages and compensation for the deceased person’s conscious suffering, which belong to the estate.

Understanding these distinctions helps families know what to expect when a settlement includes several types of compensation.

Key Takeaways: Who Receives Wrongful Death Settlement Money in Massachusetts?

• Massachusetts law identifies the eligible relatives: Compensation for family members’ losses generally benefits the surviving spouse, children, or other qualifying next of kin.
• Each beneficiary’s losses can affect the allocation: A settlement does not necessarily have to follow a fixed one-half or one-third distribution.
• The personal representative handles the claim: The deceased person’s executor or administrator pursues the case and manages the recovery.
• Some damages belong to the estate: Punitive damages and compensation for conscious suffering follow different distribution rules from compensation for surviving relatives’ losses.
• Authorized expenses can affect the amount distributed: Certain estate expenses, medical bills, attorney fees, and litigation costs may be payable from the recovery.

Which Family Members Can Receive Wrongful Death Compensation in Massachusetts?

Massachusetts General Laws Chapter 229, Sections 1 and 2, identify the relatives who may receive compensation for the losses caused by a death. The eligible group depends on who survived the deceased person.

• A spouse, with no surviving children or descendants of deceased children: The spouse is the eligible beneficiary of compensation for family losses.
• A spouse and surviving children or descendants of deceased children: The spouse and qualifying children or descendants may receive compensation.
• No surviving spouse: Eligibility generally follows the family order recognized by Massachusetts law. Children or other qualifying descendants come first. If there are no surviving descendants, parents may qualify. If neither descendants nor parents survive, siblings or descendants of deceased siblings may qualify, followed by more distant relatives when applicable.

These categories determine who may qualify. They do not mean that every eligible relative will receive the same amount or a guaranteed percentage.

For example, parents may receive wrongful death compensation in Massachusetts when they fall within the eligible next-of-kin category. However, parents do not receive compensation for their own losses under the wrongful death statute when the deceased person leaves a surviving spouse.

An unmarried partner generally does not qualify solely because of the romantic relationship, even if the couple lived together or shared finances.

Does Massachusetts Require a Fixed Percentage for Each Beneficiary?

Massachusetts wrongful death compensation is not always divided using fixed percentages.

Chapter 229, Section 1, contains language describing one-half and one-third shares in certain family situations. However, Massachusetts courts have explained that these provisions must be read together with Section 2, which bases compensatory damages on the value of what each eligible beneficiary lost.

In Burt v. Meyer, the Massachusetts Supreme Judicial Court upheld an allocation based on the losses assessed for the surviving spouse and children rather than requiring a one-third share for the spouse and two-thirds for the children. In Guy v. Johnson, the Appeals Court upheld a settlement allocation that did not divide the proceeds equally between the deceased child’s parents.

For families, this means that evidence of financial support, household assistance, companionship, and guidance can affect how compensation is allocated among eligible beneficiaries. Family relationships establish who may qualify, while the losses supported by the evidence help determine the appropriate recovery.

Who Has the Legal Right to Bring the Wrongful Death Claim?

A Massachusetts wrongful death lawsuit is brought by the deceased person’s executor or administrator, commonly called the personal representative. This is the person legally authorized to pursue the wrongful death claim.

A spouse, child, or parent cannot bring the wrongful death action solely because of their family relationship. That person may handle the claim if appointed as the personal representative.

If the deceased person left a will naming an executor, the nominated person generally has priority for appointment. Being named in the will does not, by itself, complete the appointment process.

The personal representative works with legal counsel, participates in settlement decisions, and handles the recovery for those legally entitled to receive it. The representative has a duty to protect the beneficiaries’ interests and cannot distribute the money according to personal preferences.

Does the Settlement Go to the Estate or to Family Members?

The answer depends on what the settlement compensates.

Money recovered for surviving relatives’ lost support, services, companionship, and other covered losses is generally held for the eligible beneficiaries. It is not treated as an ordinary asset of the deceased person’s probate estate or distributed according to the will.

However, not every part of a recovery follows that rule.

Compensation for the Family’s Losses

Compensatory wrongful death damages benefit the relatives who qualify under Massachusetts law. A will generally cannot redirect this compensation to someone outside the eligible beneficiary group.

Punitive Damages

Punitive damages serve to punish particularly serious misconduct. Under Burt v. Meyer, punitive damages recovered through a Massachusetts wrongful death action belong to the deceased person’s estate.

These funds are therefore handled under estate administration and distribution rules. A valid will may affect who ultimately receives them.

Compensation for Conscious Suffering

A claim may also seek compensation for the pain and suffering the deceased person consciously experienced between the injury and death. Under Chapter 229, Section 6, that compensation belongs to the estate.

When a wrongful death claim and a survival claim are pursued together, identifying the different portions of the recovery matters because they may have different recipients.

What Expenses Can Reduce the Amount Distributed?

Although compensation for surviving relatives’ losses is generally separate from ordinary estate assets, Massachusetts law allows certain expenses to be paid from the recovery.

Under Chapter 229, Section 6A, wrongful death proceeds may be used for the following expenses when, and to the extent that, the estate lacks sufficient assets to pay them:

• Estate administration charges.
• Funeral expenses.
• Medical and hospital expenses arising from the injury that caused the death.
• Reasonable attorney fees.
• Reasonable litigation costs and expenses incurred in obtaining the recovery.

Other legally enforceable liens may also require attention before funds are distributed.

The amount of a settlement therefore may differ from the amount ultimately available to beneficiaries. Reviewing the proposed distribution should include an explanation of the damages recovered, the expenses being paid, and the amount each recipient will receive.

How Are Eligible Beneficiaries Identified?

Identifying beneficiaries begins with the deceased person’s surviving family relationships at the time of death.

Marriage records, birth certificates, adoption records, and other family documents may help establish who qualifies. If a child died before the deceased person, additional records may be needed to identify that child’s surviving descendants.

Financial dependence is not a universal requirement for eligibility. For example, an adult child is not automatically excluded simply because they lived independently.

However, evidence of the relationship still matters when evaluating losses. Financial records may show the support the deceased person provided, while testimony from relatives or others may explain their role in offering companionship, care, assistance, or guidance.

Eligibility and the amount of compensation are related questions, but they are not the same question.

What Happens When Family Members Disagree About Distribution?

Disagreements may concern who qualifies, the losses each person suffered, or how the personal representative proposes to divide the proceeds.

When surviving relatives disagree about a wrongful death recovery, a court may need to resolve the dispute. Relevant evidence may include family records, financial contributions, caregiving arrangements, and the nature of each beneficiary’s relationship with the deceased person.

A court does not simply award more money to whichever relative has the greatest current financial need. The allocation must reflect the governing law and the losses supported by the evidence.

The personal representative must also handle the funds fairly and fulfill the duties owed to beneficiaries. Court involvement may be necessary to address disputed allocations, protect a minor’s interests, or resolve concerns about the representative’s conduct.

What Types of Compensation May Be Included?

A Massachusetts wrongful death recovery may include several categories of damages:

• Lost financial support: The reasonably expected net income the deceased person would have provided to eligible beneficiaries.
• Lost services and assistance: The value of childcare, household work, care, and other support the deceased person provided.
• Lost companionship and guidance: The loss of the deceased person’s society, comfort, protection, counsel, and advice.
• Funeral and burial expenses: Reasonable expenses associated with the deceased person’s funeral and burial.
• Punitive damages: Additional damages when the death resulted from gross negligence or malicious, willful, wanton, or reckless conduct.

The $500,000 limitation on certain medical malpractice noneconomic damages under Chapter 231, Section 60H, expressly excludes wrongful death actions brought under Chapter 229, Section 2. That does not mean every claim has unlimited recovery; other rules may apply depending on the defendant and the type of claim.

How Is Loss of Companionship Evaluated?

Loss of companionship recognizes that a family loses more than financial support. A spouse may lose a partner’s daily care and comfort. A child may lose a parent’s advice, encouragement, and involvement.

Evidence about those relationships helps explain the loss. Relevant information may include time spent together, shared activities, caregiving, regular communication, and the guidance the deceased person provided.

These damages compensate for the lost relationship and its benefits. Massachusetts law does not separately compensate grief, anguish, or bereavement as part of this wrongful death damages category.

How Are Survival Claims Different From Wrongful Death Claims?

A wrongful death claim addresses the losses suffered by eligible surviving relatives. A survival claim addresses injuries and losses the deceased person experienced before death.

Certain personal injury claims survive a person’s death under Chapter 228, Section 1. Chapter 229, Section 6, also allows recovery for conscious suffering resulting from the fatal injury in a qualifying wrongful death action.

Compensation for conscious suffering becomes an estate asset. It is subject to applicable estate expenses, creditor claims, and distribution rules. Depending on the circumstances, the people who receive that money may differ from those receiving compensation for the family’s wrongful death losses.

This is why a combined settlement should clearly address the different claims and categories of compensation.

How Long Do You Have to File a Massachusetts Wrongful Death Lawsuit?

Under Chapter 229, Section 2, the general filing period is three years from the date of death. The statute also provides a discovery rule based on when the executor or administrator knew, or reasonably should have known, the factual basis for the claim. Specific legal provisions can affect the deadline.

The time spent grieving or arranging for a personal representative does not, by itself, extend the filing period. Claims involving public entities or medical malpractice may also involve additional notice requirements or timing restrictions.

Seeking guidance promptly helps families identify the applicable deadlines and preserve evidence needed to support the claim.

Frequently Asked Questions About Who Receives Wrongful Death Settlement Money in Massachusetts

Can Creditors Claim Part of a Wrongful Death Settlement?

Compensation held for surviving relatives’ losses generally is not available to pay ordinary estate debts. However, Chapter 229, Section 6A, allows specified expenses to be paid from wrongful death proceeds when the estate lacks sufficient assets. Valid liens may also affect the recovery.

Punitive damages and compensation for conscious suffering belong to the estate and are subject to the rules governing estate assets.

Can Beneficiaries Agree on How to Divide a Settlement?

A proposed allocation may account for the losses of each eligible beneficiary. Massachusetts law does not require every compensatory recovery to follow the fixed percentages described in Section 1.

Any agreement should respect the rights of everyone entitled to compensation and address applicable approval requirements. Extra protections may be necessary when a beneficiary is a minor or cannot legally consent.

Does the Personal Representative Receive a Larger Share?

Serving as personal representative does not automatically entitle someone to a larger share of wrongful death compensation.

A representative who is also an eligible relative may receive compensation for their own covered losses. Any authorized payment for services as personal representative is a separate matter from that person’s entitlement as a beneficiary.

What Happens if a Minor Receives Settlement Money?

A minor’s share must be managed in a way that protects the child’s interests. Depending on the circumstances and applicable court orders, this may involve a conservator, an authorized custodial arrangement, a trust, or another approved arrangement.

A parent does not automatically have unrestricted authority to spend the child’s settlement funds. The arrangement governing the money determines how it may be used and when the child can access it.

Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You

Questions about a wrongful death settlement can be difficult to manage while grieving. At Brandon J. Broderick, Attorney at Law, we help families understand their legal options, the compensation available, and the rules that may affect who receives the recovery.

Our team is available 24/7. We offer a free consultation to discuss your circumstances and answer questions about pursuing a wrongful death claim in Massachusetts. Contact us today.