Bill Text: NY S08057 | 2009-2010 | General Assembly | Introduced


Bill Title: Clarifies that a spouse's right of election must be made within two years of the deceased spouse's death.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-10-01 - SIGNED CHAP.545 [S08057 Detail]

Download: New_York-2009-S08057-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8057
                                   I N  S E N A T E
                                     June 3, 2010
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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  the
         right of election by surviving spouse
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraphs 1 and 2 of paragraph (d) of  section  5-1.1-a
    2  of  the estates, powers and trusts law, as amended by chapter 515 of the
    3  laws of 1993, are amended to read as follows:
    4    (1) An election under this section must be made within six months from
    5  the date of issuance of letters testamentary or  of  administration,  as
    6  the  case may be, but in no event later than two years after the date of
    7  decedent's death, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH 2 OF THIS
    8  PARAGRAPH. Written notice of such election  shall  be  served  upon  any
    9  personal  representative in the manner herein provided, or upon a person
   10  named as executor in a will on file in the surrogate's court in  a  case
   11  where  such  will has not yet been admitted to probate, and the original
   12  thereof shall be filed and recorded,  with  proof  of  service,  in  the
   13  surrogate's  court  in  which such letters were issued within six months
   14  from the date of the issuance of letters but in no event later than  two
   15  years from the date of decedent's death, EXCEPT AS OTHERWISE PROVIDED IN
   16  SUBPARAGRAPH  2 OF THIS PARAGRAPH.  Such notice may be served by mailing
   17  a copy thereof, addressed to any  personal  representative,  or  to  the
   18  nominated executor, as the case may be, at the place of residence stated
   19  in  the  designation  required  by [SCPA] SECTION 708 OF THE SURROGATE'S
   20  COURT PROCEDURE ACT or in such other manner as the surrogate may direct.
   21    (2) The time to make such election may be extended  before  expiration
   22  by  an order of the surrogate's court from which such letters issued for
   23  a further period not exceeding six months upon any one  application.  If
   24  the  spouse defaults in filing such election within the time provided in
   25  subparagraph [(d)] (1) OF THIS  PARAGRAPH,  the  surrogate's  court  may
   26  relieve  the  spouse  from  such  default and authorize the making of an
   27  election within the period fixed by the order, provided that  no  decree
   28  settling  the  account  of the personal representative has been made and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17513-01-0
       S. 8057                             2
    1  that twelve months have not elapsed since the issuance of  the  letters,
    2  AND  TWO  YEARS  HAVE NOT ELAPSED SINCE THE DECEDENT'S DATE OF DEATH, IN
    3  THE CASE OF INITIAL APPLICATION; EXCEPT  THAT  THE  COURT  MAY,  IN  ITS
    4  DISCRETION  FOR  GOOD CAUSE SHOWN, EXTEND THE TIME TO MAKE SUCH ELECTION
    5  BEYOND SUCH PERIOD OF TWO YEARS.   An application for  relief  from  the
    6  default and for an extension of time to elect shall be made upon a peti-
    7  tion  showing reasonable cause and on notice to such persons and in such
    8  manner as the surrogate may direct. A certified copy of such order shall
    9  be indexed and recorded in the same manner as a notice of pendency of an
   10  action in the office of the clerk of each county in which real  property
   11  of the decedent is situated.
   12    S  2. This act shall take effect on the first of January next succeed-
   13  ing the date on which it shall have become a law.
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