The New York Probate Lawyer Blog has discussed in numerous posts that determining the identity of a decedent’s distributees (i.e., next of kin) is very important.
It was recently reported in an article by Jacqui Goddard in The Telegraph on December 27, 2012, entitled “Louis Armstrong’s secret daughter revealed, 42 years after his death” that the jazz legend, Louis Armstrong, had a daughter whose identity was kept secret until 42 years after his death. Although Armstrong died in 1971, his daughter just recently stepped forward claiming she was his natural born child. Interestingly, the article states that Armstrong’s fourth wife had signed a Probate Court affidavit asserting that he had no biological children.
In New York when a Last Will is filed with the Court for probate, the Probate Petition requires that all of the decedent’s next of kin be named and that their addresses be provided. A New York Estate Lawyer typically prepares the Probate forms and Probate papers that must be filed wit the Surrogate’s Court. In many instances the Court asks for additional information regarding kinship. Sometimes when there is only one heir, the Court will ask for a kinship affidavit. Also, when the heirs or distributees are somewhat distant, such as nieces and nephews or grand nieces or nephews, more detailed information is needed. These kinship affidavits provide the Court with full information and documentation regarding the decedent’s family tree.
Problems arise when a decedent’s next of kin are either unknown or cannot be located. The use of professional geneologists and kinship hearings may be required. In the case of Louis Armstrong, it appears that his estate affairs were settled many decades ago. However, in somewhat similar cases where a person claims to be the child of a decedent that the child’s status is disputed, the alleged or purported relationship must be disclosed in the Probate Petition and all interested parties must be given an opportunity to have a hearing regarding the alleged child’s rights. Such rights include the opportunity to Contest a Will or inherit an intestate share. Usually an official Surrogate’s Court notice called a Citation will be served on the interested parties to advise them about the Court proceedings.
It is not always easy to determine or locate a person’s heirs. Individuals may have heirs as the result of multiple siblings or marriages or adoptions and these individuals may be dispersed throughout many counties. Nevertheless, kinship identification is an essential aspect of estate administration and estate settlement.
New York City Trusts and Estates Lawyer Jules Martin Haas, Esq. has been representing clients in Probate and Estate Administration proceedings throughout the past 30 years. I have represented clients in many counties including Manhattan, Queens and Brooklyn. If you or someone you know is involved with or has questions about a Last Will or other aspects of Probate or Estate Administration, please contact me at (212) 355-2575 for an initial consultation.