Brooklyn Bar Association provides explanation of people’s rights in Surrogate’s Court

February 28, 2023 Rob Abruzzese

The BBA and MBBA held a “Know Your Rights'' event on the Surrogate’s Court with Surrogate’s Court Justice Rosemarie Montalbano, Chief Clerk Lisa Mathis, and Armena Gayle, the immediate past president of the Brooklyn Bar Association and counsel to the Public Administrator. The event was moderated by Hon. Michael Farkas. Screenshots via Zoom

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Surrogate’s Court can be a daunting and unavoidable place for people, especially those who enter its doors without a lawyer by their side, so the Brooklyn Bar Association’s Access to Justice Committee teamed up with the Metropolitan Black Bar Association to provide Brooklynites with tips on what their rights are when they enter the court.

The program, “Know Your Rights: Surrogate’s Court 101 for Unrepresented Litigants,” was hosted by Hon. Michael Farkas, chair of the BBA’s Access to Justice Committee, on Thursday on Zoom.

“The target of this event is towards the self represented litigant,” said Lola Waterman, who helped to organize the event. “This is designed to give you the nuts and bolts of what you need to know. It’s not a substitute for legal advice, but it is meant as an empowerment tool for people who need to access the Surrogate’s Court.”

It featured panelists including Surrogate Court Justice Rosemarie Montalbano, the BBA’s immediate past president Armena Gayle, who is the counsel for the Public Administrator in Brooklyn, and Lisa Mathis, the court’s Chief Clerk.

“I don’t practice in the Surrogate’s Court, but I constantly get calls from clients, friends and family with questions about,” Farkas said. “It’s a difficult and complex process that a lot of people throw their hands up and can’t deal with. Tonight we could not have three better people explain this to us than the three we have on the panel.”

The Surrogate’s Courts in New York hear cases related to the distribution of a deceased person’s assets, such as wills, trusts, and estates. Specifically, the court is responsible for handling matters related to the probate process, which is the legal process for validating a will and ensuring that a deceased person’s assets are distributed according to their wishes.

“There are a lot of contested cases with pro se litigants,” Justice Montalbano said. “I like when they come in person because everyone who is a potential heir has to get notified. They receive a notification and are told to appear. I tell them about their right to file objections, I ask them if it is their intention to object and they say yes, but often they only say that because that’s what they think they need to do. You’d be surprised at how many people represent themselves. The goal is to bring them to the table and to explain what the ramifications are and what they stand to lose or gain.”

The court also handles cases related to the administration of an estate if there is no will or if the will is found to be invalid. This includes appointing an administrator to oversee the distribution of assets and resolving any disputes among heirs or beneficiaries.

Additionally, the Surrogate’s Court may also hear cases related to the guardianship of minors or incapacitated adults. Overall, the Surrogate’s Court plays a role in ensuring that a deceased person’s assets are distributed fairly and according to their wishes, while also providing a forum for resolving related legal disputes.

The informational session provided people with a better understanding of the Surrogate’s Court. The discussions covered a range of topics, including how to navigate the court, the roles of the Surrogate, Counsel to the Public Administrator & Chief Clerk, the difference between probate and administration, and miscellaneous proceedings.

The program was organized by Lola Waterman, who serves as the Chair of the Access to Justice Task Force for the Brooklyn Bar Association and the Pro Bono and Community Outreach Committee for the Metropolitan Black Bar Association.

It was meant as a way to provide people with the knowledge and resources they need to navigate the Surrogate’s Court more effectively. This event is recorded and available on the BBA’s website, however, those who were lucky enough to be in attendance were able to ask questions of the judges and lawyers on the panel.

The Kings County Surrogate’s Court has a Help Center where court staff can assist unrepresented litigants with basic procedural information and answer questions about Surrogate’s Court cases. The Help Center is located in Room 206 on the second floor of the courthouse and is open from 9:00 a.m. to 4:00 p.m., Monday through Friday, except court holidays. The Help Center does not provide legal advice or representation, but can provide information on how to complete forms, file documents, and navigate the court system.