Inheritance Rights of Posthumously Conceived Children

Thanks to the advancement of technology, couples who are suffering through infertility now have a chance to get pregnant. The most widely known treatment is in vitro fertilization. Through this method, there is a chance for children to be born after one or both parents die. This presents a whole new set of legal ramifications, […]

You May Need a Lawyer: New York Fiduciaries Can’t Represent Themselves in Surrogate’s Court

Estate executors and administrators are not allowed to represent themselves in New York’s Surrogate’s Courts. The general rule is that non-attorney individuals are permitted to represent their own interests in court – this is known as proceeding pro se. However, the rule only applies where you are representing your own interests and not that of […]

How to Make a Claim Against the Estate of a New York Decedent

In New York, the Executor or Administrator of an estate is obligated to address all claims presented within the prescribed time frame and in the form set forth by law. Failure to comply with the requirements

Surrogate Denies Motion to Recuse Herself

An Executor, facing a proceeding forcing him to account, filed a motion seeking various relief including the recusal (removal) of Surrogate Nora Anderson from hearing his case. The Executor alleged that the Surrogate, in a prior written decision, showed a lack of objectivity and judicial temperament. The Surrogate opined that a judge is “disqualified from […]