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Assembly Bill A8760

2025-2026 Legislative Session

Relates to persons ineligible to act as a fiduciary

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Current Bill Status - In Assembly Committee

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2025-A8760 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA

2025-A8760 (ACTIVE) - Summary

Removes being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary.

2025-A8760 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8760
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   persons ineligible to act as a fiduciary
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  707  of  the  surrogate's  court
 procedure act, as amended by chapter 486 of the laws of 2021, is amended
 to read as follows:
   2.  Persons  ineligible  in  court's discretion. The court may declare
 ineligible to act as fiduciary[:
   (a) a person unable to read and write the English language; or
   (b)] an individual convicted of a felony whose crime may be adverse to
 the welfare of the estate, including but not limited to, crimes such  as
 embezzlement or any crime where there was a misappropriation of money or
 a breach of fiduciary duty.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13214-01-5

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