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