S T A T E O F N E W Y O R K
________________________________________________________________________
8325
2017-2018 Regular Sessions
I N A S S E M B L Y
June 8, 2017
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to
disqualification as a surviving spouse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-1.2 of the estates, powers and trusts law, the
opening paragraph of paragraph (a) as amended by chapter 515 of the laws
of 1993, subparagraph 6 of paragraph (a) as amended by chapter 300 of
the laws of 1981, is amended to read as follows:
§ 5-1.2 Disqualification as surviving spouse
(a) A husband or wife is a surviving spouse within the meaning, and
for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
unless it is established satisfactorily to the court having jurisdiction
of the action or proceeding that:
(1) A final decree or judgment of divorce, [of annulment or declaring
the nullity of a marriage or dissolving such marriage on the ground of
absence,] recognized as valid under the law of this state, was in effect
when the deceased spouse died.
(2) A FINAL DECREE OR JUDGMENT OF ANNULMENT OR DECLARING THE NULLITY
OF A VOID MARRIAGE OR DISSOLVING SUCH MARRIAGE, RECOGNIZED AS VALID
UNDER THE LAW OF THIS STATE, IS ISSUED BEFORE OR AFTER THE DECEASED
SPOUSE DIED. FOR THE PURPOSES OF THIS SECTION, IN THE EVENT ANY SUCH
DECREE OR JUDGMENT IS ISSUED AFTER THE DECEASED SPOUSE DIED, THE
MARRIAGE SHALL BE DEEMED A NULLITY IMMEDIATELY PRIOR TO THE DEATH OF
SUCH SPOUSE.
(3) The marriage was void as incestuous under section five of the
domestic relations law, bigamous under section six thereof, or a prohib-
ited remarriage under section eight thereof.
[(3)] (4) The spouse had procured outside of this state a final decree
or judgment of divorce from the deceased spouse, of annulment or declar-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11994-01-7
A. 8325 2
ing the nullity of the marriage with the deceased spouse or dissolving
such marriage on the ground of absence, not recognized as valid under
the law of this state.
[(4)] (5) A final decree or judgment of separation, recognized as
valid under the law of this state, was rendered against the spouse, and
such decree or judgment was in effect when the deceased spouse died.
[(5)] (6) The spouse abandoned the deceased spouse, and such abandon-
ment continued until the time of death.
[(6)] (7) A spouse who, having the duty to support the other spouse,
failed or refused to provide for such spouse though he or she had the
means or ability to do so, unless such marital duty was resumed and
continued until the death of the spouse having the need of support.
§ 2. This act shall take effect immediately.