Cobleskill, NY asked in Estate Planning, Civil Litigation and Probate for New York

Q: Hi I'm a bene of trust set up in 2016.Under disability.can I petition Surrogate CourtNY,pro se, to remove disability?

Under disability w/ad litem appointed, can I petition to be heard by judge, conference, or written statement, if my disability is minor (ADD) and I disagree with ad litem's actions and coercive requests for waiver liability. Spendthrift trust, cash poor,no homeowners insurance(!?!#), failure to sell at markets peak, then house fire 06/05/2022. Also ? -- removal or dispositive judgement to make me whole. My loss - +/- $500,000. Can't set good representation

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • New York, NY
  • Licensed in New York

A: Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining qualified counsel. Use the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that an attorney is likely going to charge you $ to bring any such proceeding.

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