senate Bill S7077A

Signed By Governor
2013-2014 Legislative Session

Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.391
Sep 11, 2014 delivered to governor
Jun 09, 2014 returned to senate
passed assembly
ordered to third reading cal.881
substituted for a9759
May 20, 2014 referred to judiciary
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
amended 7077a
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.426
Apr 23, 2014 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7077 - Details

See Assembly Version of this Bill:
A9759
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §13-2.3, EPT L

S7077 - Summary

Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded.

S7077 - Sponsor Memo

S7077 - Bill Text download pdf

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

                                  7077

                            I N  S E N A T E

                             April 23, 2014
                               ___________

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
  powers of attorney in relation to decedents' estates required to be in
  writing and recorded

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  13-2.3  of the estates, powers and trusts law is
amended by adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER STATUTE  OR  RULE,  NO
INSTRUMENT  CONTAINING  A  DELEGATION OF POWERS, ASSIGNMENT OF INTEREST,
FEE ARRANGEMENT, OR ANY  INSTRUMENT  OF  LIKE  IMPORT  CREATED  FOR  THE
PURPOSE  OF  PARTICIPATING ON BEHALF OF AN INDIVIDUAL IN ANY APPLICATION
SEEKING THE RECOVERY OF PROPERTY PURSUANT TO  SECTION  FOURTEEN  HUNDRED
TEN OF THE ABANDONED PROPERTY LAW OR SECTION THIRTEEN HUNDRED TEN OF THE
SURROGATE'S  COURT  PROCEDURE  ACT,  NOR ANY POWER OF ATTORNEY, SHALL BE
ACCEPTED FOR FILING OR RECORDING BY THE SURROGATE'S COURT OF  A  PARTIC-
ULAR  COUNTY  UNLESS A FIDUCIARY, AS THAT TERM IS DEFINED BY SUBDIVISION
TWENTY-ONE OF SECTION ONE HUNDRED THREE OF THE SURROGATE'S COURT  PROCE-
DURE  ACT,  HAS BEEN APPOINTED, OR A PROCEEDING FOR THE APPOINTMENT OF A
FIDUCIARY IS PENDING IN SUCH COURT. THE PROVISIONS OF PARAGRAPH  (B)  OF
THIS  SECTION  SHALL  APPLY  TO  ALL INSTRUMENTS ELIGIBLE FOR FILING AND
RECORDING HEREUNDER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13631-01-4

S7077A (ACTIVE) - Details

See Assembly Version of this Bill:
A9759
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §13-2.3, EPT L

S7077A (ACTIVE) - Summary

Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded.

S7077A (ACTIVE) - Sponsor Memo

S7077A (ACTIVE) - Bill Text download pdf

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

                                 7077--A
    Cal. No. 426

                            I N  S E N A T E

                             April 23, 2014
                               ___________

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 -- reported favorably from
  said committee, ordered to first and second report, amended on  second
  report,  ordered  to  a third reading, and to be reprinted as amended,
  retaining its place in the order of third reading

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  powers of attorney in relation to decedents' estates required to be in
  writing and recorded

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13-2.3 of the estates, powers  and  trusts  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER STATUTE OR RULE, NO
INSTRUMENT CONTAINING A DELEGATION OF POWERS,  ASSIGNMENT  OF  INTEREST,
FEE  ARRANGEMENT,  OR  ANY  INSTRUMENT  OF  LIKE  IMPORT CREATED FOR THE
PURPOSE OF PARTICIPATING ON BEHALF OF AN INDIVIDUAL IN  ANY  APPLICATION
SEEKING  THE  RECOVERY  OF PROPERTY PURSUANT TO SECTION FOURTEEN HUNDRED
SIXTEEN OF THE ABANDONED PROPERTY LAW OR SECTION THIRTEEN HUNDRED TEN OF
THE SURROGATE'S COURT PROCEDURE ACT, NOR ANY POWER OF ATTORNEY, SHALL BE
ACCEPTED FOR FILING OR RECORDING BY THE SURROGATE'S COURT OF  A  PARTIC-
ULAR  COUNTY  UNLESS  THE  AMOUNT  AT ISSUE IS IN EXCESS OF ONE THOUSAND
DOLLARS  OR  A  FIDUCIARY,  AS  THAT  TERM  IS  DEFINED  BY  SUBDIVISION
TWENTY-ONE  OF SECTION ONE HUNDRED THREE OF THE SURROGATE'S COURT PROCE-
DURE ACT, HAS BEEN APPOINTED, OR A PROCEEDING FOR THE APPOINTMENT  OF  A
FIDUCIARY  IS  PENDING IN SUCH COURT. THE PROVISIONS OF PARAGRAPH (B) OF
THIS SECTION SHALL APPLY TO ALL  INSTRUMENTS  ELIGIBLE  FOR  FILING  AND
RECORDING HEREUNDER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13631-02-4

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