Litigation over relationship to the decedent is usually referred to as a "kinship proceedings." Kinship proceedings often arise when a person dies intestate, without a will, requiring the court to distribute the estate to the person's relatives. To get a share in the estate, one has to prove relationship to the decedent. Needless to say, disagreements may arise.

A common situation where a kinship proceeding arises is when someone leaves property to “my children” without specifying who those children are. This ambiguous designation leaves room for a dispute over who the decedent's children actually are. The status of an existing child can be challenged. Or, a person previously unknown to the decedent's family may claim to be the decedent's child.

Kinship is a difficult aspect of estate litigation, as it presents many disputed facts and circumstances. Information about previous generations, unknown persons, or foreign subjects is often difficult to process and obtain. An experienced estate attorney is crucial to a successful outcome of such cases.

Call the Law Offices of Albert Gurevich at (212) 233-1233 and make an appointment to discuss your kinship situation.