Legal Question in Wills and Trusts in New York

Re: first cousin died intestate; do I need an attorney for the kinship trial?

Of course you can handle it yourself. The clerks will give you good guidance.

If you find out that you need a lawyer you should select one familiar with Surrogate's Court practice.

Re: first cousin died intestate; do I need an attorney for the kinship trial?

I agree with Norman. The procedure is somewhat cut and dried. An analysis is made by creating a family tree to determine the closest living next of kin. If the decedent had no wife and/or children, you go to parents and grandparents, then siblings and/or their chilren, if any. As a first cousin, there is the possibility of people having a priority interest, depending upon who is living and the family tree concept. You can represent yourself in this matter, getting assistance from the Surrogate's Office, but be mindful of the described situation. This is a response to an Internet question and is not intended to be legal advice or to create an attorney-client relationship.

Re: first cousin died intestate; do I need an attorney for the kinship trial?

I agree with Mr. Nadel and Mr. LeVine that many kinship hearings are relatively simple. However, this is not the case when the closest next of kin are cousins. I have thirteen years of experience in Surrogate's Court kinship hearings, and I have found that cousins usually face an uphill battle in representing themselves. A cousin must prove that all persons with prior right to inherit have either predeceased or never existed as follows:

-Spouse and issue of the decedent

-Parents of the decedent

-Siblings of the decedent and their issue

-Grandparents of the decedent

-Aunts and uncles of the decedent and their issue.

To further complicate the matter a cousin must prove both sides of the family. Which means that you must show there are no other maternal and/or paternal cousins. Also, most Surrogate's Courts require that you furnish documentary evidence to support the testimony in the case. In conclusion, my recommendation is that you seek the advice of an experienced Surrogate's Court attorney.