Law Firm of Daniel J. Reiter, Esq.

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The New York County Clerk’s Office is now, for the most part, closed on Wednesdays. But not necessarily for guardianship attorneys.  I recently attempted  (successfully) to have my court runner file an interim motion in an Article 81 proceeding in New York County on a Wednesday. It can be done! Per the New York County Clerk’s website:  “All NYCC in-person transactions are postponed on Wednesdays until further notice except in the case of…
The Westchester County Surrogate’s Court now permits reimbursement from the estate to counsel for executors and administrators for Federal Express charges incurred, a change to the court’s past practices, potentially setting off a broader trend reflecting technological changes in the courts and new communications customs resulting from Covid-19. In Estate of Patt (2015-784/A), Surrogate Brandon R. Sall issued an Amended Decision dated February 16, 2021 allowing the law firm of Schupbach, Williams & Pavone, LLP…
Retrieving an original copy of a death certificate in New York City usually isn’t a big challenge, but it can be if the client’s degree of kindred to the decedent is too remote, like a cousin. In my practice, the issue often comes up when the client is a cousin and an alleged heir in a kinship proceeding in one of the five boroughs of NYC. As a cousin, the client may be an “…
The Kings County Surrogate’s Court prohibits petitioners from stating “any further relief requested” in the form JA-10 (1/2004) Petition for a Compulsory Accounting and Related Relief SCPA 2205. The form JA-10, entitled “Petition for a Compulsory Accounting and Related Relief SCPA 2205 (emphasis added)” includes a provision on page 1 that reads: “[NOTE: Complete Paragraph 6 IF relief requested is in addition to a compulsory accounting.]” Paragraph 6 gives the petitioner extra space to…
Probating a will which exercises a power of appointment may mean more work than usual before jurisdiction is marked complete. Pursuant to Uniform Rule 207.19(d): In a probate proceeding where the will purports to exercise a power of appointment, a copy of the instrument creating the power of appointment must be furnished, and the petition for probate shall list those named in said instrument who are adversely affected by the probate of such will.…
I recently filed an Order to Show Cause in Kings County (Brooklyn) with a Petition commencing a guardianship proceeding pursuant to Article 81 of the Mental Hygiene Law. I used the same form and format as I have in the past, which had never been rejected (until now). On this particular occasion, the Clerk asked me to refile the Order to Show Cause with the service of process language matching the Sample Form provided by…
Not just anyone (or anything) can serve as a guardian for an adult in New York. Mental Hygiene Law Article 81, one of New York’s adult guardianship statutes, has specific eligibility requirements.  There are four categories of persons (and entities) that are eligible to serve as an article 81 guardian in New York – lay guardians, independent guardians, corporate guardians (both not-for-profit and for-profit), and public agency guardians.…