New York Kinship Attorney

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.

NY Kinship Process

When a New York resident dies without a valid last will and testament, state law determines who is entitled to receive the deceased person’s property. In these cases, the New York Surrogate’s Court appoints an estate administrator to distribute e…

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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New York Kinship Attorney

New York Kinship Attorney

NY Kinship Process

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New York Kinship Attorney

New York Kinship Attorney

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Frequently Asked Questions

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