senate Bill S2640A

Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to certain persons

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 21 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1452
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO INSURANCE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 19 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO JUDICIARY
  • 19 / Mar / 2012
    • PRINT NUMBER 2640A
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1437
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO JUDICIARY

Summary

Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to any person who can trace a familial relationship through common great-grandparents with the decedent; provides a kinship hearing in the surrogate's court of the county of Suffolk to determine persons entitled to such proceeds.

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Bill Details

See Assembly Version of this Bill:
A3733A
Versions:
S2640
S2640A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Comptroller
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3733
2009-2010: A7288, A7288
2007-2008: A6021, A6021

Sponsor Memo

BILL NUMBER:S2640A

TITLE OF BILL:
An act in relation to authorizing the state comptroller to pay the
proceeds of the estate of Howard J. Geyer to any person who can trace a
familial relationship through common great-grandparents with the dece-
dent, and providing for a kinship hearing in the surrogate's court of
the county of Suffolk to determine persons entitled to such proceeds

PURPOSE:
This legislation would allow the estate of Howard Geyer to be distrib-
uted among his distant relatives, rather than be held by the comp-
troller's Office of Unclaimed Funds.

SUMMARY OF PROVISIONS:
This is a special act to authorize the New York State Comptroller to pay
the proceeds of the estate of Howard G. Geyer to certain family
members.

JUSTIFICATION:
Howard J. Geyer died without leaving a will; as such his estate was to
be distributed according to New York State law. Under current New York
State Estates, Powers, and Trusts Law, the definition of a distributee
is limited as someone who shares a common grandparent with the deceased.
If there is no one to claim the inheritance with this familial relation-
ship, the funds remain as abandoned property.

This legislation would authorize the New York State Comptroller to pay
the net proceeds (plus any accrued interest) of Howard Geyer's estate
from the Abandoned Property Fund of the State of New York to any person
who can trace a familial relationship to him through common great-grand-
parents. Persons entitled to the proceeds of Howard Geyer's estate shall
first be determined through a kinship hearing that would be conducted by
the surrogate's court of the county of Suffolk.

LEGISLATIVE HISTORY:
2009: A.7288/S.5358 - Veto #71 of 2009
2007-08: A.6021/S.3210 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2640--A                                            A. 3733--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Judiciary --
  recommitted to the Committee on Judiciary in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Judiciary -- recommitted to the Committee on Judi-
  ciary  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT in relation to authorizing  the  state  comptroller  to  pay  the
  proceeds  of the estate of Howard J. Geyer to any person who can trace
  a familial relationship through  common  great-grandparents  with  the
  decedent, and providing for a kinship hearing in the surrogate's court
  of  the  county  of  Suffolk  to  determine  persons  entitled to such
  proceeds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  the  provisions  of section 4-1.1 of the
estates, powers, and trusts law, or any other provision of  law  to  the
contrary,  the  state  comptroller  shall  be  authorized to pay the net
proceeds of the estate of Howard J. Geyer, county of Suffolk  (file  No.
392A2003),  plus  any interest accrued, from the abandoned property fund
of the state of New York,  to  any  person  who  can  trace  a  familial
relationship   through  common  great-grandparents  with  the  decedent.
Persons entitled to the proceeds of such estate, pursuant to  this  act,
shall  first  be determined through a kinship hearing to be conducted by
the surrogate's court of the county of Suffolk. As a condition precedent
to distribution of the funds by the state comptroller, all persons enti-
tled to the proceeds of such estate, as determined by the kinship  hear-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07768-02-2

S. 2640--A                          2                         A. 3733--A

ing,  shall  present to the state comptroller a binding legal agreement,
providing for the apportionment of the proceeds of such estate plus  any
interest  accrued, executed by all persons entitled to the proceeds. The
state  comptroller shall not make any payment until such agreement shall
have been filed with both the surrogate's court of  Suffolk  County  and
the state comptroller.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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