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CE/CLE: Administering Real Property in a Decedent's Estate in NY

April 14th, 2022

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On April 13, 2022, Daniel J. Reiter, Esq. taught ‘Administering Real Property in a Decedent’s Estate in NY‘, a professional continuing education program for licensed title agents and continuing legal education course for attorneys.… Read More

Categories: Firm News

CLE: Kinship Proceedings in New York Surrogate's Court

February 26th, 2022

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Daniel J. Reiter, Esq.

On February 25, 2022, Daniel J. Reiter, Esq. taught ‘Kinship Proceedings in New York Surrogate’s Court‘, a continuing legal education course for attorneys, on Lawline.com. The program provides a detailed overview of kinship proceedi… Read More

Categories: Firm News

CLE: Estate Administration of Real Property and Co-Ops in New York

November 13th, 2021

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Daniel J. Reiter, Esq.

On November 12, 2021, Daniel J. Reiter, Esq. taught ‘Estate Administration of Real Property and Co-Ops in New York‘, a continuing legal education course for attorneys on LawPracticeCLE.com. The program is available on demand. When a perso… Read More

Categories: Firm News

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

November 29th, 2020

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Daniel J. Reiter, Esq.

Daniel J. Reiter, Esq. will be teaching a Continuing Legal Education course on Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation on December 3, 2020 at 3:30pmEST. The course will be hosted by LawLine and will be streamed live via we… Read More

Categories: Firm News

CLE: ‘Representing Clients with Diminished Capacity: Ethical Rules and Best Practices’ on October 5, 2020

September 29th, 2020

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Daniel J. Reiter, Esq.

Daniel J. Reiter, Esq. will be co-teaching a Continuing Legal Education course on Representing Clients with Diminished Capacity: Ethical Rules and Best Practices on October 5, 2020 at 12:00pm EST. The course will be hosted by the New York City Bar As… Read More

Categories: Adult Guardianship, Firm News

CLE: ‘Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings’ on August 27, 2020

August 26th, 2020

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Daniel J. Reiter, Esq.

Daniel J. Reiter, Esq. will be teaching a Continuing Legal Education course on Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings on August 27, 2020 at 3:30pm. The course will be hosted by LawLine and will be streamed li… Read More

Categories: Firm News, Real Estate

Inheriting Real Estate and Co-ops in New York

August 23rd, 2020

Posted By

Daniel J. Reiter, Esq.

Are you about to inherit real estate or a cooperative apartment in New York? If so, you may have questions about ownership of the property, or what is called title. You may wonder: Are you automatically the owner of a house, condo, or co-op when some… Read More

Categories: Real Estate

CLE: ‘Administering Real Property in a Decedent’s Estate in New York’ on July 28, 2020

July 14th, 2020

Posted By

Daniel J. Reiter, Esq.

Daniel J. Reiter, Esq. will be teaching a Continuing Legal Education course on Administering Real Property in a Decedent’s Estate in New York on July 28, 2020 at 3:30pm. The course will be hosted by LawLine and will be streamed live via webcast. Yo… Read More

Categories: Firm News, Real Estate

Who Can Object to a Will?

April 12th, 2020

Posted By

Daniel J. Reiter, Esq.

If you’ve been left out of a will, you may have rights. Certain people are allowed to contest, or object, to a will’s validity, per New York law. “Probate” is the process of proving to a court that a will is valid. In New York, the universe o… Read More

Categories: Estate Litigation

Daniel J. Reiter publishes article in One on One

September 7th, 2019

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Daniel J. Reiter, Esq.

Daniel J. Reiter, Esq. was recently published in One on One, a publication of the New York State Bar Association’s General Practice Section. The article, entitled Defensive Estate Planning with Powers of Attorney: How to Avoid Mayhem, Chaos and Uni… Read More

Categories: Advanced Directives, Firm News

Frequently Asked Questions

What is the difference between a guardian and a conservator?

Generally, none. New York used to use the terms conservator (today’s version of guardian of the property) and committee (today’s version of guardian of the person). Many states still use the term conservator, but the concept is the same.

If I petition to have a guardian appointed in a Mental Hygiene Law Article 81 proceeding, will I have to serve as guardian?

No. Even if you are the “petitioner” – the person who is asking the judge to appoint a guardian – you can ask the judge to appoint someone else. If there are no family or friends willing and able to serve, the judge can appoint a non-profit organization or “independent” professional guardian to serve.

My disabled child is about to turn 18. Am I automatically able to make decisions for them when they turn 18?

No (except for limited exceptions). In New York, parents are the natural guardians of their children until age 18. However, once a child reaches 18, even if they are developmentally or intellectually disabled, a parent cannot automatically make decisions for their adult child. Guardianship is often necessary for developmentally and intellectually disabled adults who do not have capacity to manage their own affairs without assistance.

How long does it take to get a guardian appointed and authorized to act in a Mental Hygiene Law Article 81 proceeding?

There is no set time. However, from the time counsel is retained, it usually takes about 2-4 months total for the guardian to begin acting. However, if a guardian is needed immediately, the judge can appoint a “temporary guardian” while everything gets sorted out. This speeds up the process.

When is a Kinship Proceeding Necessary?

A Kinship Proceeding in New York Surrogate's Court is necessary primarily in two circumstances:

First, a Kinship Proceeding is often necessary when it is unclear who is entitled to inherit from a deceased person's estate. In New York, a deceased person is called a "decedent".

Second, a Kinship Proceeding is sometimes required to determine who will serve as administrator of an estate when the decedent died without a will and it is unclear who has the right to serve as administrator above all others. An "administrator" is like an executor of an estate of a person who died without a will. Dying without a will is known as dying "intestate".

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What Our Clients Say

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CE/CLE: Administering Real Property in a Decedent's Estate in NY

CLE: Kinship Proceedings in New York Surrogate's Court

CLE: Estate Administration of Real Property and Co-Ops in New York

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

CLE: ‘Representing Clients with Diminished Capacity: Ethical Rules and Best Practices’ on October 5, 2020

CLE: ‘Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings’ on August 27, 2020

Inheriting Real Estate and Co-ops in New York

CLE: ‘Administering Real Property in a Decedent’s Estate in New York’ on July 28, 2020

Who Can Object to a Will?

Daniel J. Reiter publishes article in One on One

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