and Your Family
Manhattan Surrogate Court Lawyer
A Manhattan Surrogate's Court lawyer is an important resource to turn to when you have questions about the process of Surrogate's Court, what it means to appear in front of the court, what you should do if you believe that you have grounds for a dispute and how to proceed if you suspect that a person appointed as the personal representative has mishandled this situation and has exposed the estate to unnecessary losses.
A Surrogate's Court lawyer in Manhattan will be familiar with the individual procedures of the Manhattan Surrogate's Court, including the paperwork and the traditional ways that judges view cases. This information can be invaluable when you find yourself facing a problem that must go before Manhattan's Surrogate Court.
Every county throughout the state of New York has a Surrogate Court for the management of matters like adoptions, guardianship proceedings for those people who may be incapacitated and estate administration issues, including the opening and closing of an estate or trust and estate litigation that falls under the management of an estate. Most of the forms required to initiate a proceeding in the Manhattan Surrogate Court can be accessed at the New York Court's website.
The forms are sorted into numerous categories, including small estates or those with less than $30,000, probate, estate administration and guardianship. Although these papers can be printed from online, they cannot be submitted online. It is recommended that for assistance filling these out, you retain the support of a Manhattan Surrogate's Court attorney.
The specific process that brings you to Surrogate Court will look different based on what you come to court for. More often than not, a close relative of an individual who has passed away intestate, or without a will, will initiate these proceedings or the court steps will be started by a person who has been named as an executor of an estate in a deceased person's will.
Deceased individuals, however, are not the only reason that you might find yourself in front of a Manhattan Surrogate's Court. Guardianship proceedings involve appointing a person to manage the estate of an individual who has been incapacitated and can no longer make decisions for themselves.
A person who is incapacitated requires a guardianship or day to day living decisions as well as possible legal and financial management of their affairs. These issues will also appear in front of the Manhattan Surrogate's Court. The court has discretion with these different issues to schedule a hearing, to preside over the process of probating a will, determining if an individual needs a guardian and appointing one if necessary as well as administering an estate. Mistakes that cost the beneficiaries from being able to access the funds inside the estate they otherwise would have been entitled to can bring about a lawsuit. A person who serves in the role of executor must be prepared for the kinds of mistakes alleged against them that could develop into lawsuits over liability. An executor has a financial responsibility to the beneficiaries in the estate, and failing to live up to these rules could lead to a group of beneficiaries to allege that the administrator should be removed.
All people who have some form of interest in the case must receive appropriate notice of court proceedings and this is one additional reason to retain the services of a Surrogate's Court lawyer who is familiar with these processes and can help you as the executor to avoid mistakes and ensure that you've thought of all possible steps.