senate Bill S3313

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

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Sponsor

Bill Status


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

  • 31 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 10 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1183
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • 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:
A4120
Versions:
S3313
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Comptroller
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3733, S2640A, A3733A
2009-2010: A7288, A7288
2007-2008: A6021, A6021

Sponsor Memo

BILL NUMBER:S3313

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 decedent, 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
distributed among his distant relatives, rather than be held by the
comptroller'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 he 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 relationship, 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-grandparents. 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: 2011-12: A.3733-A/S.2640-A - Passed Senate 2009:
A.7288/5.5358 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. 3313                                                  A. 4120

                       2013-2014 Regular Sessions

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

                            January 31, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Judiciary

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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01871-01-3

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