If someone dies without a will (intestate), that person's intestate estate is distributed by New York's law of succession. There are a variety of problems with intestate estates, but a principal one is identifying the decedent's next of kin. Sometimes, the process is quite simple, as in the case of a conventional immediate family. Sometimes, it is extraordinarily complex, as it is when someone had not married and outlived most members of perhaps a very large family. There are also cases of children born out-of-wedlock in which, among other things, proof of their paternity under New York's current arcane statute is necessary as a condition for such children claiming their inheritance.
Kinship Proceedings require special diligence in order to establish a client's entitlement. After working with a client to collect all of the facts, our Surrogate’s Court Litigation's lawyers will bring their many years of experience to develop a strategy on how the case should go forward. Often, our lawyers will work with a genealogist to further support a client's kinship claim.
If you think you may require the assistance of McCarthy Fingar's Surrogate’s Court Litigation group, contact Frank W. Streng by email (firstname.lastname@example.org) or by phone (914-385-1022) or Gail M. Boggio by email (email@example.com) or phone (914-385-1026) with any question you may have.