Bill Text: NY S03345 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 3345 (Prior Session Legislation)

Introduced

Bill Title: Provides for the disqualification of a surviving spouse if the marriage is annulled or voided after the death of the spouse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S03345 Detail]

Download: New_York-2019-S03345-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3345
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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
          disqualification as a surviving spouse
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 5-1.2 of the estates, powers and  trusts  law,  the
     2  opening paragraph of paragraph (a) as amended by chapter 515 of the laws
     3  of  1993,  subparagraph  6 of paragraph (a) as amended by chapter 300 of
     4  the laws of 1981, is amended to read as follows:
     5  § 5-1.2 Disqualification as surviving spouse
     6    (a) A husband or wife is a surviving spouse within  the  meaning,  and
     7  for  the  purposes  of  4-1.1,  5-1.1,  5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
     8  unless it is established satisfactorily to the court having jurisdiction
     9  of the action or proceeding that:
    10    (1) A final decree or judgment of divorce, [of annulment or  declaring
    11  the  nullity  of a marriage or dissolving such marriage on the ground of
    12  absence,] recognized as valid under the law of this state, was in effect
    13  when the deceased spouse died.
    14    (2) A final decree or judgment of annulment or declaring  the  nullity
    15  of  a  void  marriage  or  dissolving such marriage, recognized as valid
    16  under the law of this state, is issued  before  or  after  the  deceased
    17  spouse  died.  For  the  purposes of this section, in the event any such
    18  decree or judgment  is  issued  after  the  deceased  spouse  died,  the
    19  marriage  shall  be  deemed  a nullity immediately prior to the death of
    20  such spouse.
    21    (3) The marriage was void as incestuous  under  section  five  of  the
    22  domestic relations law, bigamous under section six thereof, or a prohib-
    23  ited remarriage under section eight thereof.
    24    [(3)] (4) The spouse had procured outside of this state a final decree
    25  or judgment of divorce from the deceased spouse, of annulment or declar-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02685-01-9

        S. 3345                             2
     1  ing  the  nullity of the marriage with the deceased spouse or dissolving
     2  such marriage on the ground of absence, not recognized  as  valid  under
     3  the law of this state.
     4    [(4)]  (5)  A  final  decree  or judgment of separation, recognized as
     5  valid under the law of this state, was rendered against the spouse,  and
     6  such decree or judgment was in effect when the deceased spouse died.
     7    [(5)]  (6) The spouse abandoned the deceased spouse, and such abandon-
     8  ment continued until the time of death.
     9    [(6)] (7) A spouse who, having the duty to support the  other  spouse,
    10  failed  or  refused  to provide for such spouse though he or she had the
    11  means or ability to do so, unless such  marital  duty  was  resumed  and
    12  continued until the death of the spouse having the need of support.
    13    § 2. This act shall take effect immediately.