Many people in New York die without a will. Furthermore, some people pass away without close living relatives and it isn’t immediately clear to the judge overseeing their estate who is entitled to inherit. When that happens, it becomes necessary to identify the deceased person’s closest surviving relatives to determine who is entitled to inherit. For an alleged heir, especially a distant relative such as a cousin, proving that relationship can be challenging without the guidance of expert counsel.
New York Kinship Attorney Daniel J. Reiter helps distant relatives, such as cousins, prove their relationship to a deceased relative so they can receive their inheritance. If you believe that you are entitled to inherit from a distant relative’s estate and need to prove kinship, contact the Law Firm of Daniel J. Reiter, Esq. today.
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.
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.
Although most guardians are authorized to make routine and non-routine medical decisions on behalf of their ward, the administration of psychiatric medication to a person who objects requires special authorization from a judge, even if you were already appointed guardian.
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.
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.