Legal Question in Wills and Trusts in New York

The process by which you establish kinship is known as a Kinship Hearing. The hearing is held in the Surrogate's Court and testimony is taken under oath.

The hearing may be held before a judge or a court attorney depending upon the county in which the hearing is held. Other parties that may be present include the attorney for the public administrator, a representative of the State Attorney General's office and one or more Guardians ad Litem. Regular rules of evidence apply at a kinship hearing, and the hearing may be held over several days depending upon the complexity of the case.

Kinship hearings are often complicated and confusing. Although it may seem as simple as going to court and testifying as to how you are related to the decedent, often you may be precluded from doing so by the "dead man's statute."

You may be required to produce disinterested witnesses who are able to testify regarding the decedent's family tree. In addition, you will be required to produce certified documents to support the family tree such as birth certificates and death certificates.

I have many years of experience representing clients in kinship matters. You may call me to discuss your case and to see if I can be of assistance to you.