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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. 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

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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

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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

A Successful Continuing Education

December 7th, 2018

Posted By

Daniel J. Reiter, Esq.

Thanks to Alec Dadisman of the National Law Institute for inviting Real Estate Attorney Jennifer Weisser, Esq. and me to teach Real Estate and Estate Planning Strategies to New York Real Estate Agents on December 4, 2018. Read More

Categories: Firm News, Real Estate

Free CE for Real Estate Agents Dec. 4th 2018

November 12th, 2018

Posted By

Daniel J. Reiter, Esq.

Real Estate & Estate Planning Strategies New York Real Estate Agents are invited to attend a free Continuing Education course entitled Real Estate & Estate Planning Strategies. I am co-teaching the course with Jennifer Weisser, Esq. of Chaves… Read More

Categories: Firm News, Real Estate

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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– Former Client

“Daniel is extremely thorough, very easy to deal with, he invests time to make sure that the issues are understood and clear.”

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» Real Estate

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

A Successful Continuing Education

Free CE for Real Estate Agents Dec. 4th 2018

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

» Real Estate

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

A Successful Continuing Education

Free CE for Real Estate Agents Dec. 4th 2018

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

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