How do my siblings and I prove to the court appointed attorney that as her kids we are the next of kin?

UPDATED: Aug 23, 2012

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How do my siblings and I prove to the court appointed attorney that as her kids we are the next of kin?

I live in one state and my mother was a resident of another when she died. My cousin and another court appointed guardian were removed a year before her death due to failure to comply with court requirements, such as showing receipts or complying with court orders. What is the best way to contact the new court appointed attorney to establish that we are her legitimate next of kin and what are the next steps in resolving her estate?

Asked on August 23, 2012 under Estate Planning, New York


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

You should call the court appointed attorney, introduce yourself, and ask how you can participate in the proceedings.  Who is "next of kin" is defined by state law.  If you don't know the name of the attorney, call the court that had jurisdiction over the guardianship and ask them to give you the name and telephone number of the attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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