John J. Ciafone

“ON THE LAW” with JOHN J. CIAFONE, Esq. Attorney & Counselor at Law Question: My cousin died without a will. I am his closest blood relative being the decedent’s “first cousin” However, the court will not allow me to be appointed the administrator of his estate The court wants the public administrator to administer the estate Isn’t this unfair? Answer: Under the laws of intestacy, the surrogate court procedure act mandates that only a certain blood relative can apply to be administrator While first cousins are too remote under the act. a wife. children. parents, nephews. uncles and aunts can act as administrators The surrogate court procedure act allows the local county public administrator to step in as administrator of the estate. This may appear to you as unfair but it is the law as followed in surrogate court. Had the decedent prepared a will. the public administrator could have been avoided and the person appointed in the will would have been the administrator or executor of the estate NO long as the surrogate accepted the last will and testa- ment If you have any questions please Call: John J. Ciafone, Esq. 25-59 Steinway St./Suite 2F, Astoria 718.278.3900 SERVING THE NEEDS OF OUR COMMUNITY 24 HOURS/7 DAYS