Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 30, 2010 |
vetoed memo.6 |
Mar 18, 2010 |
delivered to governor |
Feb 23, 2010 |
returned to senate passed assembly ordered to third reading cal.237 substituted for a2873 |
Feb 08, 2010 |
referred to judiciary delivered to assembly passed senate |
Feb 02, 2010 |
advanced to third reading |
Feb 01, 2010 |
2nd report cal. |
Jan 26, 2010 |
1st report cal.54 |
Jan 06, 2010 |
referred to judiciary |
Mar 09, 2009 |
referred to judiciary |
Senate Bill S2971
Vetoed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
2009-S2971 (ACTIVE) - Details
2009-S2971 (ACTIVE) - Summary
Requires fair and reasonable disclosure of income, assets and financial obligations of decedent for surviving spouse's waiver of right of election to be enforceable and renders inapplicable the "dead man's statute" for purposes of accepting relevant evidence in this regard and in regard to Totten trust and joint bank account transactions.
2009-S2971 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2971 TITLE OF BILL : An act to amend the estates, powers and trusts law, in relation to the waiver of a right of election by a surviving spouse PURPOSE OF BILL : The bill would require that a spouse be given a fair and reasonable disclosure of the financial situation of the other spouse before waiving a right of election against the other spouse's estate. SUMMARY OF PROVISIONS OF BILL : The bill requires that the waiver of a right of election may not be enforced against a surviving spouse who proves that the decedent did not provide such spouse with a "fair and reasonable disclosure of the income, assets, and financial obligations" of the decedent. This requirement would not apply, however, if the surviving spouse had specifically waived such disclosure or if such spouse had independent knowledge of the decedent's financial situation. The bill also provides that in determining whether the surviving spouse had been provided with, or waived, financial disclosure, or had independent knowledge of the decedent's financial situation, the court is not bound by the limitations of the dead person's statute. Subparagraph 2 of paragraph (b) of section 5-1.1-A of the EPTL is amended so its language that overrides the dead person's statute is consistent with
2009-S2971 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2971 2009-2010 Regular Sessions I N S E N A T E March 9, 2009 ___________ Introduced by Sen. SAMPSON -- 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 waiver of a right of election by a surviving spouse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 2 of paragraph (b) of section 5-1.1-A of the estates, powers and trusts law, as amended by chapter 515 of the laws of 1993, is amended to read as follows: (2) Transactions described in clause (D) or SUBCLAUSE (I) OF CLAUSE (E) [(i)] OF SUBPARAGRAPH (1) shall be treated as testamentary substi- tutes in the proportion that the funds on deposit were the property of the decedent immediately before the deposit or the consideration for the property described in SUBCLAUSE (I) OF clause (E) [(i)] OF SUBPARAGRAPH (1) was furnished by the decedent. The surviving spouse shall have the burden of establishing the proportion of the decedent's contribution; provided, however, that where the surviving spouse is the other party to the transaction, it will be conclusively presumed that the proportion of the decedent's contribution is one-half. For the purpose of this subpar- agraph, SECTION FORTY-FIVE HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW AND RULES SHALL NOT APPLY, AND the court may accept such evidence as is relevant and competent, whether or not [the person offering such evidence would otherwise be competent to testify] SUCH EVIDENCE WOULD BE EXCLUDED PURSUANT TO SECTION FORTY-FIVE HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW AND RULES. S 2. Paragraph (e) of section 5-1.1-A of the estates, powers and trusts law is amended by adding a new subparagraph 5 to read as follows: (5) A WAIVER OR RELEASE OF RIGHT OF ELECTION IS NOT ENFORCEABLE AGAINST THE SURVIVING SPOUSE IF SUCH SPOUSE PROVES, BY A PREPONDERANCE OF THE EVIDENCE, THAT SUCH SPOUSE WAS NOT PROVIDED A FAIR AND REASONABLE DISCLOSURE OF THE INCOME, ASSETS, AND FINANCIAL OBLIGATIONS OF THE DECE- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06358-01-9
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