Dan Antonelli, an estate attorney in New York City, explains the complex process of kinship hearings – a specialized type of trial where the court determines who the heirs of an estate are. These proceedings typically arise in situations where a person passes away and no close relatives immediately step forward to claim the estate.
The Public Administrator's Role
When no immediate family members appear to handle an estate, the public administrator of the county where the decedent resided becomes the administrator of the estate. The public administrator's responsibilities include collecting all assets, determining outstanding debts, and filing what's called an accounting – essentially asking the judge to approve their financial management and allow the proceeds to be deposited with the commissioner of finance.
How Heirs Can Assert Their Rights
If an heir comes forward after the public administrator has filed the accounting, they can file objections to prevent the money from being deposited with the commissioner of finance. These objections essentially tell the judge: "Don't allow the public administrator to deposit this money with the commissioner of finance. Direct the public administrator to give it to me because I'm the heir."
Once objections are filed, the potential heir has the opportunity to gather evidence necessary to prove their case. This evidence-gathering process is crucial for establishing the legal relationship between the heir and the decedent.
The Role of Professional Genealogists
Sometimes the necessary records to prove kinship are difficult to locate. In these situations, heirs can hire a professional genealogist who specializes in tracing family histories and locating vital records. The genealogist conducts exhaustive research and then testifies as an expert witness during the hearing.
The goal of the genealogist's testimony is to demonstrate that they've conducted a thorough search and that the only heirs they found are ideally the person claiming the inheritance. This expert testimony can be crucial in estate litigation involving kinship disputes.
Timeline and Complexity
Kinship hearing cases can take an extremely long time to resolve. The total time from the date of death until funds are actually paid to the rightful heirs can span many years – often 5 to 6 years or more. This extended timeline occurs because families involved in these cases are often very distant from each other.
Several factors contribute to these delays: sometimes no one knows the decedent has died for a considerable period, then it takes additional time for the public administrator to get appointed, followed by the entire administration process, accounting, trial, and final resolution. Each phase can add months or years to the overall timeline.
The complexity of these cases demonstrates why having a proper will and clear estate planning is so important. If you're involved in a kinship hearing or facing questions about inheritance rights, contact Antonelli & Antonelli for experienced legal guidance through this challenging process.
