Claims Against an Estate: The Procedural Path

, New York Law Journal


In their Surrogate's Practice and Proceedings column, Holland & Knight partner Charles F. Gibbs and Colleen F. Carew, a court attorney-referee with the Surrogate's Court, Westchester County, provide both the main route and alternate paths for asserting a claim against an estate in the Surrogate's Court, from presenting the claim to the fiduciary to commencing an action over a rejected claim and seeking payment.

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What's being said

  • Steve Lubowitz

    A recurrent problem I have encountered is I am appointed court evaluator for an Article 81 MHL and the Court issued an order for my fee and the AIP dies prior to my payment. Or the AIP dies before the Court issues an Order. One case the order says I should get paid from the estate (Its been 3 years do I need to file a Notice of Claim the beneficiaries are aware of the order.) the other ywo cases no order has been issued by the court since the AIP died right the hearing.

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