Surrogate judges in Nassau and Suffolk have set up streamlined procedures for the handling of estates left by victims of the World Trade Center attack, even in cases where death certificates may be impossible to obtain.
Judges John Riordan in Nassau and John Czygier in Suffolk said they had geared up to handle a potentially large number of the victims’ cases, as relatives come to terms with the financial affairs of those killed.
“We’re looking at this from the perspective of people who have suffered a great tragedy, and we don’t want them to have to come here and have to jump through a lot of hoops,” Czygier said.
In both Nassau and Suffolk, the World Trade Center cases will be handled separately from other cases. The judges have met with their staffs and have trained new staffs to prepare for the paperwork.
So far, just one case has come into Nassau’s Surrogate Court in Mineola, although in both counties, trusts and estates attorneys have called the courts, volunteering their services to victims’ families and asking question about cases in which bodies may never be found.
“We’ve had a number of attorneys who indicated they would serve as a guardian” without charging a fee, Riordan said.
In estate cases, a surrogate judge appoints an attorney as guardian of the financial interests of the deceased.
Normally, a judge would declare someone dead after receiving a death certificate signed by the local coroner. A judge could also declare someone dead if he or she had been missing for three years.
In this case, local judges and the state judicial system are trying to shorten that timeline and waive the need for a death certificate in some instances.
If no body is found, the law provides that a judge can declare someone dead if presented with an affidavit that describes the circumstances of the death or other similar testimony in a hearing.
For instance, family members could testify that they knew their loved ones worked in the World Trade Center, that they spoke to them shortly before the attack in their offices, and they have not heard from them since, despite a diligent search.
Proof of death, through a judicial determination of death, may also be critical in the filing of claims against life insurance polices held by the victims.
Most policies require “due proof” of death, and in the absence of a death certificate, a judge’s order “is likely to be highly persuasive evidence in support of a claim,” said Richard Quadrino, a Mineola attorney specializing in insurance law. Meanwhile, the state bar association has set up a toll-free number for the families of victims of the attack. For assistance with legal questions, they can call 877-HELP-321. So far, about 250 people have called, said Frank Ciervo, a bar spokesman, who said the lawyers are forbidden to represent callers on lawsuits.
The bar association will refer callers who need emergency legal services to a joint task force of the New York County Lawyer’s Association and the Association of the Bar of the City of New York, which will provide legal advice (on issues other than lawsuits) and referrals. Clients of the 1,300 lawyers who had offices in the World Trade Center may also call for information on their attorneys.
The state court system is also expected to issue new rules this week to speed estate matters and to make sure they are processed uniformly statewide, said David Bookstaver, a court spokesman. State lawmakers also are weighing actions to aid victims’ families in dealing with estate issues.
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