Senate Bill S6137

Signed By Governor
2017-2018 Legislative Session

Relates to the procedure for exercising the right of election by a surviving spouse

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8003 - 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

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2017-S6137 (ACTIVE) - Details

See Assembly Version of this Bill:
A8003
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-1.1-A, EPT L

2017-S6137 (ACTIVE) - Summary

Allows for service by mail to a nominated executor's domicile when exercising the right of election by a surviving spouse.

2017-S6137 (ACTIVE) - Sponsor Memo

2017-S6137 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6137
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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
   procedure for exercising the 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 1 of paragraph (d) of section 5-1.1-A  of  the
 estates, powers and trusts law, as amended by chapter 545 of the laws of
 2010, is amended to read as follows:
   (1) An election under this section must be made within six months from
 the  date  of  issuance of letters testamentary or of administration, as
 the case may be, but in no event later than two years after the date  of
 decedent's death, except as otherwise provided in subparagraph 2 of this
 paragraph.  Written  notice  of  such  election shall be served upon any
 personal representative in the manner herein provided, or upon a  person
 named  as  executor in a will on file in the surrogate's court in a case
 where such will has not yet been admitted to probate, and  the  original
 thereof  shall  be  filed  and  recorded,  with proof of service, in the
 surrogate's court in which such letters were issued  within  six  months
 from  the date of the issuance of letters but in no event later than two
 years from the date of decedent's death, except as otherwise provided in
 subparagraph 2 of this paragraph. Such notice may be served by mailing a
 copy thereof, addressed to any personal representative, or to the  nomi-
 nated  executor, as the case may be, at the place of residence stated in
 the designation required by section 708 of the surrogate's court  proce-
 dure act, TO THE DOMICILE ADDRESS OF SUCH NOMINATED EXECUTOR, or in such
 other manner as the surrogate may direct.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11647-01-7

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