What legal and custody outcomes followed Mary Richardson Kennedy’s death in the Kennedy family estate proceedings?

Checked on February 1, 2026
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Executive summary

Mary Richardson Kennedy’s death in May 2012 left a swirl of unresolved legal questions: custody of her four children had already been awarded temporarily to her estranged husband during the divorce, a bitter court fight erupted over possession of her body and funeral arrangements that was ultimately sealed by a judge, and her estate remained unsettled in court in the years afterward [1] [2] [3] [4] [5].

1. Pre‑death custody order set the legal baseline

In the weeks before Mary Richardson Kennedy’s death, family‑court proceedings had already produced a decisive custody outcome: a judge ordered that full temporary custody of the couple’s children be granted to Robert F. Kennedy Jr., with the pathway for Mary to seek restoration tied to psychological evaluation and treatment, according to contemporaneous reporting and the confidential divorce affidavits that surfaced afterward [1] [2].

2. Divorce filings and a sealed custody agreement intensified the dispute

Robert Kennedy had filed for divorce in 2010 and, according to reporting, had finished a child‑custody agreement by June 28, 2011 — a document Mary reportedly read and pleaded with him not to file — underscoring that the couple’s custody and property contest was active and partially resolved on paper before her death, even as portions of the record remained confidential or sealed [6] [3].

3. Immediate legal fallout after her death: a fight over her body

After Mary Richardson Kennedy was found dead at the Bedford estate, a sharp legal fight erupted between the Richardsons and the Kennedys over custody of her remains; one of her brothers filed court papers seeking control, the medical examiner delayed release pending court orders, and a judge ultimately issued sealed rulings directing release of the body to a funeral home and resolving the dispute out of public view [4] [3] [7].

4. Public record vs. sealed records: transparency and secrecy

Multiple outlets reported that the judicial outcome surrounding funeral custody and some case details was sealed — a fact reported by CBS and other outlets — leaving key parts of the post‑death litigation inaccessible to public scrutiny and contributing to continued rancor between the two families [3] [4] [8].

5. Rival narratives: affidavit as evidence or as litigation weapon

The legal record that surfaced included a scathing confidential affidavit filed by Robert Kennedy during divorce proceedings alleging substance abuse, threats, and unfitness as a parent; the Richardson family publicly denounced that affidavit as “scurrilous” and a tactical weapon in a contentious custody fight, presenting two sharply opposed narratives that shaped how the post‑death legal matters were framed in media and court filings [9] [8] [10] [11].

6. Burial, family estrangement, and sealed decisions shaped legacy outcomes

Despite the Richardsons’ objections, Mary Richardson Kennedy was buried in a Kennedy family plot, her siblings did not attend the funeral, and reporting indicates the aftermath left unresolved questions about her estate and assets — observers and some friends noted the estate remained unsettled and that full disclosure of her financial share was not publicly available years later [12] [4] [5].

7. Longer‑term legal status: estate still in process and custody of children effectively resolved pre‑death

Reporting a year after her death said the estate “has not been settled” and was still in the courts, underscoring that probate and related estate litigation continued beyond the immediate funeral and custody battles, while the practical custody of her children had already been concentrated with Robert Kennedy under the temporary court order issued before Mary’s death [5] [1] [2].

8. Why ambiguity persists: sealed files, competing agendas, and family politics

The combination of sealed court filings, a bitter divorce affidavit that one family calls a strategic litigation document, competing efforts to control funeral arrangements, and limited public disclosure about estate allocations produced continuing ambiguity; reporters and family spokespeople offered competing agendas — legal protection of children and assets versus claims of reputational and emotional damage — which ensures some legal outcomes remain opaque to the public record [11] [9] [3] [10].

Want to dive deeper?
What exactly did Robert F. Kennedy Jr.'s 2011 affidavit allege, and which parts were corroborated or contested?
What are the legal rules in New York for disputes over custody of a deceased person’s body and when are such proceedings sealed?
How have sealed family‑court records in high‑profile cases affected public understanding of custody and estate outcomes?