senate Bill S3348

2011-2012 Legislative Session

Requires prior disclosure of income, assets, financial obligations of decedent to enforce surviving spouse's waiver of right of election; waives dead man's statute

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.911
Feb 17, 2011 referred to judiciary

Votes

view votes

Jun 1, 2011 - Judiciary committee Vote

S3348
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

S3348 - Details

See Assembly Version of this Bill:
A4693
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง5-1.1-A, EPT L
Versions Introduced in 2009-2010 Legislative Session:
S2971, A2873

S3348 - 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.

S3348 - Sponsor Memo

S3348 - Bill Text download pdf

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

                                  3348

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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.
                                                           LBD08412-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.