| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Sep 09, 2020 | print number 7412a |
| Sep 09, 2020 | amend (t) and recommit to judiciary |
| Jan 08, 2020 | referred to judiciary |
| May 01, 2019 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Inez E. Dickens
Anthony D'Urso
Jaime R. Williams
Nader sayegh
Multi-Sponsors
Vivian Cook
A7412 - Details
A7412 - Summary
Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate; allows the court the discretion to permit or prevent such appointment of an individual convicted of a felony; and allows for the appointment of an interpreter during the appointment process for the fiduciary of an estate.
A7412 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7412
2019-2020 Regular Sessions
I N A S S E M B L Y
May 1, 2019
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to
removing the prohibition on felons that prevents them from being
appointed fiduciary of an estate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 1 and subdivision 2
of section 707 of the surrogate's court procedure act, paragraph (e) as
amended by chapter 514 of the laws of 1993, are amended and a new subdi-
vision 3 is added to read as follows:
(d) [a felon
(e)] one who does not possess the qualifications required of a fiduci-
ary by reason of substance abuse, dishonesty, improvidence, want of
understanding, or who is otherwise unfit for the execution of the
office.
2. Persons ineligible in court's discretion. The court may declare
ineligible to act as fiduciary:
(A) a person unable to read and write the English language; OR
(B) A FELON WHOSE CRIME MAY BE ADVERSE TO THE WELFARE OF THE ESTATE,
INCLUDING BUT NOT LIMITED TO, CRIMES SUCH AS EMBEZZLEMENT OR ANY CRIME
WHERE THERE WAS A MISAPPROPRIATION OF MONEY OR A BREACH OF FIDUCIARY
DUTY.
3. INTERPRETER. UPON REQUEST OF A PERSON SUBJECT TO THE COURT'S
DISCRETION UNDER SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL
PROVIDE AN INTERPRETER TO INTERPRET THE TESTIMONY OF ANY PERSON WHO DOES
NOT SPEAK THE ENGLISH LANGUAGE WELL ENOUGH TO BE READILY UNDERSTOOD.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10968-04-9
Co-Sponsors
Inez E. Dickens
Anthony D'Urso
Jaime R. Williams
Nader sayegh
Multi-Sponsors
Vivian Cook
A7412A (ACTIVE) - Details
A7412A (ACTIVE) - Summary
Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate; allows the court the discretion to permit or prevent such appointment of an individual convicted of a felony; and allows for the appointment of an interpreter during the appointment process for the fiduciary of an estate.
A7412A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7412--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 1, 2019
___________
Introduced by M. of A. FALL, DICKENS, D'URSO, WILLIAMS, SAYEGH, GOTT-
FRIED, O'DONNELL, WRIGHT, EPSTEIN, ORTIZ, BARRON, PICHARDO -- Multi-
Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
tee on Judiciary -- recommitted to the Committee on Judiciary in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the surrogate's court procedure act, in relation to
removing the prohibition on individuals convicted of a felony that
prevents them from being appointed fiduciary of an estate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 1 and subdivision 2
of section 707 of the surrogate's court procedure act, paragraph (e) as
amended by chapter 514 of the laws of 1993, are amended and a new subdi-
vision 3 is added to read as follows:
(d) [a felon
(e)] one who does not possess the qualifications required of a fiduci-
ary by reason of substance abuse, dishonesty, improvidence, want of
understanding, or who is otherwise unfit for the execution of the
office.
2. Persons ineligible in court's discretion. The court may declare
ineligible to act as fiduciary:
(A) a person unable to read and write the English language; OR
(B) AN INDIVIDUAL CONVICTED OF A FELONY WHOSE CRIME MAY BE ADVERSE TO
THE WELFARE OF THE ESTATE, INCLUDING BUT NOT LIMITED TO, CRIMES SUCH AS
EMBEZZLEMENT OR ANY CRIME WHERE THERE WAS A MISAPPROPRIATION OF MONEY OR
A BREACH OF FIDUCIARY DUTY.
3. INTERPRETER. UPON REQUEST OF A PERSON SUBJECT TO THE COURT'S
DISCRETION UNDER SUBDIVISION TWO OF THIS SECTION, THE COURT SHALL
PROVIDE AN INTERPRETER TO INTERPRET THE TESTIMONY OF ANY PERSON WHO DOES
NOT SPEAK THE ENGLISH LANGUAGE WELL ENOUGH TO BE READILY UNDERSTOOD.
§ 2. This act shall take effect immediately.