This blog is written to provide fellow New Yorkers with a small sampling of the rules, regulations and issues which predominate the fields of Trusts & Estates and Elder Law. This blog is not intended to provide individualized legal advice, as every matter is factually distinct, but is written to provide my friends, colleagues and clients with a very basic understanding of my primary practice areas. If you require individualized assistance, please contact C. Haner Law at (516) 833-7800.
October 29, 2015
Surrogate's Court: "Appearing" in the Surrogate's Court
A legal "appearance" is an act by which a party to a Surrogate's Court proceeding, either directly or indirectly, consents to the jurisdiction of the Surrogate's Court and typically makes the Surrogate's Court aware of his or her position with respect the proceeding - either that he or she consents to the relief sought by the Petitioner or that he or she wishes to contest such relief sought. While physically appearing at the Surrogate's Court when your case is called will usually count as a legal appearance, if you are looking for directions to any of the Surrogate's Courts in New York, please visit http://www.nycourts.gov/courts/index.shtml.
Generally speaking, there are 4 ways a person appears in a Surrogate's Court proceeding:
1) By filing a pleading with the Surrogate's Court which sets forth such person's position with respect to the proceeding; or
2) By signing and filing a Waiver with the Surrogate's Court, which Waiver will usually state that the person filing such Waiver does not wish to contest the proceeding; or
3) By filing a Notice of Appearance, which typically does not set forth such person's position with respect to the proceeding; or
4) By physically appearing at the Surrogate's Court when your case is called and by verbally noting your appearance in the Surrogate's Court record.
Note that if a person is a child or a disabled individual, such person appears in the Surrogate's Court through his or her guardian and the Court has the authority to, and typically does, appoint a local attorney, called a Guardian Ad Litem, to protect such child or disabled person's interests in the proceeding.
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