Kinship Proceeding in New York
When someone dies intestate, the succession laws of the State of New York determine how the assets of the deceased person's estate will be distributed. In order to achieve this, the heirs of the deceased person must be identified. In cases where the decedent is survived by aunts, uncles or cousins, it may be necessary to prove the inheritance rights at a kinship trial held at the Surrogate's Court to validate their claims.
New York Intestate Succession
New York state law provides the order in which individuals inherit from an intestate estate:
- Husband or wife
- Sons and/or daughters
- Mother and/or father
- Brothers and/or sisters
- Grandparents
- Uncles and/or aunts
- Grandchildren of the deceased person's grandparents (cousins)
- Great grandchildren of the deceased person's grandparents (children of the cousins)
In circumstances where aunts and uncles survive the decedent, they are required to prove not only their relationship to the deceased but also that those who by statute ahead of them (the deceased spouse, children, parents and siblings) are also deceased. In many cases, significant genealogical research may be required to determine kinship.
Our attorneys represent either recognized heirs who wish to protect their inheritance from false allegations of kinship or individuals who need to prove they should be recognized to inherit. Sweeney, Gallo, Reich & Bolz LLP have been providing this type of representation for clients for over two decades. The attorneys at Sweeney, Gallo, Reich & Bolz LLP are prepared to handle the most complex kinship cases. We often handle kinship proceedings that other firms will not.
Contact Us
Our attorneys understand how difficult it is to administer an estate without a will, and we know how much easier the process is when you get accurate kinship results early. From our offices in Queens, we are ready to meet with you and help you find answers. Open weekdays from eight to five, we represent clients across New York. Call 866-415-9391 or contact us online to schedule a consultation with an experienced lawyer.
