Bill Text: NY S07077 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-23 - SIGNED CHAP.391 [S07077 Detail]

Download: New_York-2013-S07077-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7077
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
         powers of attorney in relation to decedents' estates required to be in
         writing and recorded
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  13-2.3  of the estates, powers and trusts law is
    2  amended by adding a new paragraph (e) to read as follows:
    3    (E) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER STATUTE  OR  RULE,  NO
    4  INSTRUMENT  CONTAINING  A  DELEGATION OF POWERS, ASSIGNMENT OF INTEREST,
    5  FEE ARRANGEMENT, OR ANY  INSTRUMENT  OF  LIKE  IMPORT  CREATED  FOR  THE
    6  PURPOSE  OF  PARTICIPATING ON BEHALF OF AN INDIVIDUAL IN ANY APPLICATION
    7  SEEKING THE RECOVERY OF PROPERTY PURSUANT TO  SECTION  FOURTEEN  HUNDRED
    8  TEN OF THE ABANDONED PROPERTY LAW OR SECTION THIRTEEN HUNDRED TEN OF THE
    9  SURROGATE'S  COURT  PROCEDURE  ACT,  NOR ANY POWER OF ATTORNEY, SHALL BE
   10  ACCEPTED FOR FILING OR RECORDING BY THE SURROGATE'S COURT OF  A  PARTIC-
   11  ULAR  COUNTY  UNLESS A FIDUCIARY, AS THAT TERM IS DEFINED BY SUBDIVISION
   12  TWENTY-ONE OF SECTION ONE HUNDRED THREE OF THE SURROGATE'S COURT  PROCE-
   13  DURE  ACT,  HAS BEEN APPOINTED, OR A PROCEEDING FOR THE APPOINTMENT OF A
   14  FIDUCIARY IS PENDING IN SUCH COURT. THE PROVISIONS OF PARAGRAPH  (B)  OF
   15  THIS  SECTION  SHALL  APPLY  TO  ALL INSTRUMENTS ELIGIBLE FOR FILING AND
   16  RECORDING HEREUNDER.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13631-01-4