Article 81 guardians are often faced with the delicate and controversial task of making decisions about the social life and social environment of the person for whom they serve as guardian.
Pursuant to New York’s Mental Hygiene Law Article 81.22(a)(2), the court can give the guardian the authority to “make decisions regarding social environment…
Per an email from Christina Llewellyn, Esq., the Principal Court Attorney to Hon. Aija Tingling, A.J.S.C., dated December 4, 2024:…
In a recent proceeding commenced by my client to appoint a successor trustee of an inter vivos trust, the Queens County Surrogate’s Court required the nomination of a specific person or entity to serve as successor. The Court declined to appoint a successor itself.
Per the note I received from the Court after submission of…
In a Mental Hygiene Law Article 81 adult guardianship proceeding, most Courts require motions to settle a guardian’s final report or final account be made by Order to Show Cause. The same can be said for interim motions in adult guardianship proceedings.
In Nassau County Supreme Court, however, motions to settle a final account…
In a New York Mental Hygiene Law Article 81 guardianship proceeding, courts strongly prefer appointing family members as guardian of the incapacitated person. However, there are exceptions.
When family members fight to be appointed guardian, are acrimonious, or can’t get along, courts often hesitate to appoint any family member as guardian, even if otherwise qualified.…
Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is deciding where their ward should live.
Is the current living situation suitable? Should the Incapacitated Person live at home? A nursing home?
Making the decision itself is just one piece of the…
In a recent court conference in Queens County Surrogate’s Court, Surrogate Peter J. Kelly indicated that, all else being equal, he’s inclined to appoint as administrator of an estate the first to file their petition when there are multiple distributees equally entitled to letters of administration.…
When probating a will in New York County Surrogate’s Court, you’ll need to file the original will and a certified copy of the death certificate with the Probate Department. But how do you file these documents in the age of E-Filing and Covid-19?…
When probating a will in New York County Surrogate’s Court, you’ll need to file the original will and a certified copy of the death certificate with the Probate Department. But how do you file these documents in the age of E-Filing and Covid-19?
I recently E-Filed a Petition and ancillary documents in a probate proceeding…
Kings County Surrogate Harriet L. Thompson was suspended on Friday, according to the New York Law Journal.
An acting surrogate will be named to handle the caseload, Lucian Chalfe, the Director of Public Information for the New York State Unified Court System, told the Law Journal. It was not immediately clear from the Law Journal’s…
