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English Proficiency not Required to Be an Administrator in New York

New_york On June 1, 2009, A New York Surrogate Court held that the court may appoint a person as administrator of an estate when the person is unable to read, speak, and understand English.  The court relied on the fact that New York has made great strides to accommodate its overwhelming immigrant population, that legal counsel can, and probably will, assist the administrator in carrying out his legal duties, and that an inability to understand English does not equate to a disqualifying want of understanding.  See In re Toribio, 2009 NY Slip Op. 29237(Sur Ct, New York County 2009). 

Special thanks to Bridget J. Crawford (Professor of Law and Associate Dean for Research and Faculty Development, Pace Law School) for bringing this case to my attention.