Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 18, 2012 |
signed chap.123 |
Jul 06, 2012 |
delivered to governor |
Jun 05, 2012 |
returned to assembly passed senate 3rd reading cal.789 substituted for s6657 |
Jun 05, 2012 |
substituted by a8344a |
May 21, 2012 |
advanced to third reading |
May 16, 2012 |
2nd report cal. |
May 15, 2012 |
1st report cal.789 |
Mar 08, 2012 |
referred to judiciary |
Senate Bill S6657
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A8344 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S6657 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8344
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Amd ยง5-3.1, EPT L
2011-S6657 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6657 TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to exemptions for the benefit of the family This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Surrogate's Court Advisory Committee. Section 5-3.1 of the Estates, Powers and Trusts Law provides that, where a person dies leaving a surviving spouse or children under 21, certain property belonging to such decedent must be exempted from his or her estate assets and, instead, vest in and be set off to the surviving spouse or, if there be none, to his or her children under 21. This exempted property includes money up to $25,000 (subject to certain limitations). This statute was recently updated and modernized for the first time since 1992. L. 2010, c.437. Chapter 437 amended section 5-3.1 by expanding some of the articles of personal property to be exempted, deleting some of the items that were previously exempted and increasing the value of all of the items referenced therein. However, since enactment, a question has been raised regarding the type of assets that may be used in computing the $25,000 set off in
2011-S6657 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6657 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 exemptions for the benefit of the family THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 6 of paragraph (a) of section 5-3.1 of the estates, powers and trusts law, as amended by chapter 437 of the laws of 2010, is amended to read as follows: (6) Money including but not limited to cash, checking, savings and money market accounts, certificates of deposit or equivalents thereof, AND MARKETABLE SECURITIES, not exceeding in value twenty-five thousand dollars, reduced by the excess value, if any, of acquired items referred to in subparagraphs (1), (2), (3) and (5) of this paragraph. However, where assets are insufficient to pay the reasonable funeral expenses of the decedent, the personal representative must first apply such money to defray any deficiency in such expenses. S 2. Paragraph (b) of section 5-3.1 of the estates, powers and trusts law, as amended by chapter 595 of the laws of 1992, is amended to read as follows: (b) No allowance shall be made in money or other property if the items of property described in subparagraph (1), (2), (3) or [(4)] (5) OF PARAGRAPH (A) are not in existence when the decedent dies. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2011. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13070-04-2
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