senate Bill S8983

2019-2020 Legislative Session

Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 16, 2020 referred to rules

Co-Sponsors

S8983 (ACTIVE) - Details

See Assembly Version of this Bill:
A7412
Current Committee:
Senate Rules
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2021-2022 Legislative Session:
S294, A2573

S8983 (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.

S8983 (ACTIVE) - Sponsor Memo

S8983 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8983
 
                             I N  S E N A T E
 
                            September 16, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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)  of
 subdivision 1 as amended by chapter 514 of the laws of 1993, are amended
 and a new subdivision 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.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10968-06-0

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