Robert Harper

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Suppose that a loved one has been missing for years, for no reason at all, and without contacting family or accessing any of his or her assets.  Sadly, this scenario is one that many families have had to confront in New York State.  This blog post addresses the steps that a missing loved one’s family members may wish to take in order to have their absentee relative declared deceased and to gain access to that person’s assets.
Continue Reading My Relative Has Been Missing for Years. What Do I Need to Do to Have That Relative Declared Deceased?

Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings have led to jurisdictional disputes in courts in different states.  Pre-pandemic, however, in anticipation of commencing adult guardianship proceedings, parties moved the subjects of those proceedings from one state to another, presumably to gain a strategic advantage in forthcoming guardianship disputes. In Matter of J.D.S., New York County Surrogate Rita Mella rendered what appears to be the first reported decision addressing whether a court in New York, or another state, was the appropriate forum for a guardianship dispute concerning a person under a disability. Rob Harper discusses the decision in our latest post.
Continue Reading The Resolution of Interstate Adult Guardianship Disputes in New York

When a child is born to parents who are not married, the child often must satisfy the provisions of EPTL 4-1.2 to inherit from the estate of his or her father. However, the Appellate Division’s recent decision in Tiwary v. Tiwary has held that a child born of parents who are not married at the time of the child’s birth, but subsequently marry each other, generally need not satisfy the statute. Rob Harper discusses the decision in our latest post.
Continue Reading Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth