When there is no will, and the closest relatives are aunts, uncles and/or cousins, you have a special situation known as a "kinship" case.
In New York, if a person dies without a Will, and the closest relatives are aunts, uncles and/or cousins, the aunts, uncles and cousins CAN inherit. However, they are not permitted to be the Administrator of the Estate. This must be done by the Public Administrator, an official who is appointed for such matters in each County. The typical scenario is that the Public Administrator administers the Estate.....among other things they sell the house, collect the assets, pay debts and taxes, and then file an Accounting Proceeding with the Court. At that time they ask the Court to approve what they have done so far, to approve their attorneys fees and expenses, and to allow them to continue to hold the money......PENDING PROOF OF KINSHIP.
This begins a "kinship proceeding", where aunts, uncles and cousins must PROVE their kinship, in order to get their inheritance. This is not as simple as it seems, as a kinship claimant must not only prove their relationship to the deceased, they must DIS-PROVE prior classes. For a cousin, you must prove there was no spouse, no children or grandchildren, no parents, no brothers or sisters, and no nieces or nephews. How do you prove such negatives? It is often done with expert witnesses, either geneologists or investigators. Certified documents (with certified translations if applicable) must be obtained. Creativity and ingenuity is required to prove and disprove all the elements necessary to establish kinship. An experienced attorney is essential to proving kinship.
In these cases, cousins are often contacted by geneology search companies, offering to sign them up to assist in making their claim. They usually charge a percentage, often one-third. They usually have a "relationship" with an attorney, who handles the case. People who are contacted by such firms are often grateful for the information, but they are not obliged to hire the firm.
I am experienced in kinship matters, and find them among the most interesting and challenging cases. I am willing to accept most kinship matters on a contingency fee basis, often at substantially less than one-third. Each case is a little different, and the fees vary according to the complexity of the case, the number of claimants participating, and many other factors.
If you have a potential claim as an aunt, uncle or cousin, please contact me for a FREE consultation.
If you have questions about inheritants rights for aunts, uncles or cousins, contact me, kinship lawyer Barry Seidel, for more information or to set up an appointment.
