|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 16, 2020||referred to rules|
senate Bill S8983
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8983 (ACTIVE) - Details
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
BILL NUMBER: S8983 SPONSOR: MYRIE TITLE OF BILL: 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 PURPOSE: The intent of this legislation is to allow those who have served their sentence the ability to become executor or executrix of an estate, including and especially the estate of a family member. Current law prevents anyone convicted of a felony from becoming a fiduciary of an estate, even if the deceased parent/family member(s) have named such an individual executor to the position. This legislation preserves the discretion of a court to deny appointment in cases where the prior conviction was associated with fraud, embezzlement or where crime may be adverse to the welfare of the estate. Additionally, current law states that an individual can be declared ineligible if that individual is unable to read or write the English language. This legislation gives the
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
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.