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Who Can Object to a Will?

April 12th, 2020

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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

How Joint Bank Accounts Work, And How Sometimes, They Don’t

July 24th, 2019

Posted By

Daniel J. Reiter, Esq.

Joint bank accounts make great estate planning tools, except when they don’t. Whether a joint bank account is right for you depends on on a lot of factors. Joint bank accounts make perfect sense for some people. They can cause family infighting and… Read More

Categories: Estate Litigation

Kinship Proceedings in Surrogate’s Court: What They Are, How They Work, and How They’re Won

December 10th, 2018

Posted By

Daniel J. Reiter, Esq.

In a Kinship Proceeding, the New York Surrogate’s Court seeks to determine who is entitled to inherit from the estate of a deceased person who did not have a Will. The Surrogate’s Court is the court in New York State which handles most matters re… Read More

Categories: Estate Litigation

What are Will Contests and Objections to Probate?

October 30th, 2018

Posted By

Daniel J. Reiter, Esq.

In New York, before a last will and testament is deemed a valid instrument, the general rule is that the person named executor in the will must first prove the will as valid. This process is called “probate“. Probate is the latin word for “prov… Read More

Categories: Estate Litigation

Lost Will: “I can’t find the original Will. Help!”

October 28th, 2018

Posted By

Daniel J. Reiter, Esq.

When someone passes away in New York with a Will, generally, the Will must first be proven as valid to the Surrogate’s Court Judge. Proving a Will as valid to a Court is known as the “probate” process. “Probate” is the Latin word for “pro… Read More

Categories: Estate Litigation

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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» Estate Litigation

Who Can Object to a Will?

How Joint Bank Accounts Work, And How Sometimes, They Don’t

Kinship Proceedings in Surrogate’s Court: What They Are, How They Work, and How They’re Won

What are Will Contests and Objections to Probate?

Lost Will: “I can’t find the original Will. Help!”

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

» Estate Litigation

Who Can Object to a Will?

How Joint Bank Accounts Work, And How Sometimes, They Don’t

Kinship Proceedings in Surrogate’s Court: What They Are, How They Work, and How They’re Won

What are Will Contests and Objections to Probate?

Lost Will: “I can’t find the original Will. Help!”

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

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