Kinship Cases in New York Surrogate's Court

There are many estates where there is no Will and various relatives are entitled to inherit under intestacy. When the inheritance rights are with certain classes of relatives, while they can ultimately inherit, they are not permitted to serve as Administrator. By statute, these Estates are administered by the Public Administrator. While an Administrator is usually able to pay the beneficiaries their share to complete the Estate, in certain situations they cannot pay the beneficiaries until "kinship" is proven to the Court. 

These cases often involve relatives who are first cousins or more distant. Proving relations in these situations is called a "kinship case". They have a unique set of rules, statutes and procedures, and require particular types of preparation, testimony and proof. This program will examine the legal and practical aspects of preparing and presenting a kinship case.

This course will benefit attorneys with some experience in Surrogate's Court matters and estate administration, who may have clients who have inheritance rights but will need to prove kinship as part of an Accounting Proceeding in Surrogate's Court.

Learning Objectives:

1. Identify and review the types of cases that will require a kinship trial

2. Review the role of the Public Administrator in various kinship case scenarios

3. Discuss the procedural roadmap for most kinship matters

4. Analyze common kinship case patterns, including pertinent proof and witness identification and preparation

5. Discuss and review a typical kinship trial presentation