When an individual passes away and does not have a valid will prior to their death, an estate administrator will be appointed. The estate administrator’s job will be to distribute the assets of the decedent’s estate to their heirs according to the laws of New York covering intestate succession. Determining Heirs If the decedent has a surviving spouse, parents, children, grandchildren or another type of close relative, then identifying the heirs can be a simple process. Things can get complicated if a decedent only has distant relatives. An estate administrator will have to have proof of kinship to the decedent prior to distributing funds to them. This is done with a proceeding known as a kinship hearing. Legal Definition Of Blood Relative At a kinship hearing, individuals claiming to be related to the decedent will be required to provide evidence they are a blood relative. The definition of a blood relative is found in New York Estate, Power, and Trusts laws. Blood relatives include cousins, children, nephews, grandchildren, nieces, parents, aunts, siblings as well as uncles. An adopted child can be treated the same as a biological child unless another family adopts them. Stepchildren and foster children are not considered biological children according to New York Estate, Power, and Trusts laws. They are not legally entitled to a share of a decedent’s assets. Should the decedent have fathered a child with a woman whom he was not married then paternity must be established. When this is done, the child will be entitled to a share of the decedent’s assets. Kinship Hearing In New York, a kinship hearing is held at a local Surrogate’s Court. During the procedure, individuals will be required to provide testimony while under oath. It is possible for a kinship hearing to be held before a court attorney as well as a judge. This is determined by the county where the kinship hearing is being held. There are other parties that can be present during the proceedings. This could include a representative from the New York Attorney General’s office as well as a Guardian Ad Litem. An attorney for the administrator can also attend. During a kinship hearing, the regular New York rules of evidence apply. It is possible for the hearing to last several days or longer. This will depend on the complexity of the case. Burden Of Proof During a kinship hearing, it is the person claiming to be a decedent who has the burden of proof. This is accomplished by a preponderance of the evidence provided to the judge or court attorney who is presiding over the hearing. In certain situations, a claimant will need to provide certified documents to support their accusation concerning a family tree. This could include death certificates, birth certificates and more. It is also done by establishing a person’s pedigree in the form of oral testimony. Some claimant’s hire qualified genealogists and other professionals to make their case during a kinship hearing. All claims of the oral testimony must be corroborated with proper documentation when possible. During most legal hearings, this type of testimony is considered hearsay and not permitted. In some cases, testimony evidence may be the only available first-hand evidence able to be provided. The New York hearsay law has an exception for pedigree information provided during this type of hearing. Admissibility Of Oral Testimony One limitation to oral testimony at a kinship hearing is a person interested in obtaining assets from an estate is forbidden from testifying about any type of communication or transaction they had with the decedent prior to the decedent’s death. They are not legally permitted to testify about any type of correspondence or conversation that occurred between them. Testimony Of Disinterested Parties People who will not inherit anything following a kinship hearing are permitted to testify during the hearing. It is possible for these individuals to provide testimony that is admissible pertaining to a conversation between the decedent and a claimant. This includes a decedent’s close friends or relatives not involved with the hearing and more. Some people anticipate a kinship hearing to be a simple matter of going to court and stating under oath how they’re related to the decedent. In many cases, these hearings can become complicated and confusing. That is why it’s important to discuss such a hearing with the knowledgeable attorneys at Raiser & Kenniff, PC. They have valuable experience with kinship hearings and know what is required to succeed at them.