What Legal Steps Should I Take After a Parent Is Arrested for Killing the Other Parent in Massachusetts?

This is an extraordinarily difficult situation, and the legal steps below can help you protect yourself and honor your mother's interests. A family law or probate attorney can guide you through each of these — consider reaching out to find an attorney in your area.

What Are My Rights as a Victim's Family Member?

Under the Massachusetts Victims' Bill of Rights (Mass. Gen. Laws ch. 258B § 3), immediate family members of homicide victims are entitled to specific protections throughout the criminal process. These include the right to be notified of all court proceedings, the right to make a victim impact statement at sentencing, and the right to be informed if the defendant is released on bail.

Your first call should be to the Victim-Witness Assistance Program at the District Attorney's office in the county where the arrest occurred. Every Massachusetts DA's office has this program — they will assign you an advocate at no cost. According to the Massachusetts Office for Victim Assistance (MOVA), over 28,000 victims and survivors received direct services through these programs in 2024.

Should I File for Victim Compensation?

Yes. Massachusetts operates the Victim Compensation and Assistance Division under Mass. Gen. Laws ch. 258C, which can reimburse eligible expenses including funeral and burial costs, counseling, lost wages, and relocation expenses. The maximum award is $25,000, and you must file within 3 years of the crime. Approximately 85% of compensation claims in Massachusetts are approved when properly documented.

What Happens to My Mother's Estate?

This is critical. Under Massachusetts' slayer rule, a person who unlawfully causes the death of another cannot inherit from their estate. Mass. Gen. Laws ch. 265 § 46 bars your father from receiving any inheritance, life insurance proceeds, or survivor benefits from your mother.

If your mother died without a will (intestate), Massachusetts probate law (Mass. Gen. Laws ch. 190B) determines inheritance. Normally a surviving spouse inherits a substantial portion, but because the slayer rule disqualifies your father, you and any siblings would likely be the sole heirs.

You should consult a probate attorney promptly to:

• File for appointment as personal representative of the estate
• Secure your mother's financial accounts and property
• Prevent your father or anyone acting on his behalf from accessing assets
• Notify life insurance companies of the circumstances

Do I Need a Protective Order?

If your father posts bail or contacts you from custody, you can seek a harassment prevention order under Mass. Gen. Laws ch. 258E. The victim-witness advocate can help you file this.

What About the Criminal Case?

You are not responsible for prosecuting the case — the Commonwealth of Massachusetts handles that through the DA's office. However, as an immediate family member, you have the right to be present at every court hearing. Massachusetts has a mandatory life sentence for first-degree murder under Mass. Gen. Laws ch. 265 § 2.

What Should I Do Right Now?

Here are your immediate next steps, reviewed against the Massachusetts divorce and family law checklist framework:

1. Contact the DA's Victim-Witness Advocate — they are your primary support throughout the criminal process
2. Consult a probate attorney — many offer free initial consultations for cases like this
3. File a victim compensation claim within the 3-year window
4. Secure your mother's documents — birth certificate, financial records, insurance policies, property deeds
5. Seek counseling — Massachusetts victim services cover therapy costs

For more on navigating Massachusetts family law and your rights as a surviving family member, the resources above are a strong starting point. You do not have to handle this alone — the legal system has specific protections designed for exactly this situation.

Learn more about related topics on Divorce Questions.