Sometimes in Surrogate’s Court proceedings there are parties who have an interest in the proceedings but for some reason they cannot legally participate.  This can occur in any type of proceeding:  Probate, Administration and Accounting are the most common.  A party is considered “interested” if the proceeding affects them in some way.  In order to

If a person dies without a Will, and the closest relatives are aunts, uncles and first cousins, do they inherit in New York?

The answer is YES, but there are some special rules. Aunts, uncles and cousins can inherit if there is nobody in the prior inheritance classes (spouse, kids, parents, siblings, nieces or nephews).  

In the last post I set forth a few “little things” that affect the probate process.  These things impact the complexity, timing and expense that may be involved.  Here are a few to consider:

1. A Will that is not attorney prepared and/or supervised.  Putting aside possible lack of clarity with a non-attorney will, there

Many lawyers deal with Surrogates Court only peripherally.  Questions about Estates and Surrogates Court come up often enough that it is worth knowing the basics. Here are 10 things worth knowing, even if you never set foot in Surrogates Court.

1. The Surrogate Court Clerk’s offices are broken down into departments:

– Probate (Wills and