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Assembly Bill A6229

2017-2018 Legislative Session

Relates to the revocatory effect of divorce

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Archive: Last Bill Status - On Floor Calendar

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2017-A6229 (ACTIVE) - Details

See Senate Version of this Bill:
S6503
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-1.4, EPT L
Versions Introduced in 2015-2016 Legislative Session:
A7638, S5684

2017-A6229 (ACTIVE) - Summary

Relates to the revocatory effect of divorce.

2017-A6229 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6229
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2017
                                ___________
 
 Introduced  by  M. of A. SEAWRIGHT -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the estates, powers and trusts law, in relation to the
   revocatory effect of divorce and relatives of a former spouse

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  5-1.4  of  the estates, powers and trusts law is
 amended by adding a new paragraph (g) to read as follows:
   (G) THE REVOCATORY EFFECT OF PARAGRAPH (A) SHALL BE PRESUMED TO  APPLY
 TO  A  PERSON  IN  ANY  RELATIONSHIP TO THE DIVORCED INDIVIDUAL THAT WAS
 BASED UPON SAID MARRIAGE, INCLUDING BUT  NOT  LIMITED  TO  STEPCHILDREN,
 STEPGRANDCHILDREN   AND  PARENTS-IN-LAW,  UNLESS  THERE  IS  SUBSTANTIAL
 EVIDENCE OF THE DIVORCED INDIVIDUAL'S CONTRARY INTENTION. TESTIMONY WITH
 REGARD TO SUCH INTENTION SHALL  NOT  BE  DISQUALIFIED  UNDER  CPLR  4519
 PROVIDED THAT SUCH TESTIMONY IS SUPPORTED BY OTHER EVIDENCE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09740-01-7

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