Senate Bill S4865A

Signed By Governor
2019-2020 Legislative Session

Establishes the uniform partition of heirs property act

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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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Actions
Votes

Bill Amendments

co-Sponsors

2019-S4865 - Details

See Assembly Version of this Bill:
A7058
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

2019-S4865 - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

2019-S4865 - Sponsor Memo

2019-S4865 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4865
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to establishing the uniform partition of heirs property act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 993 to read as follows:
   § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
 SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
   (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
 VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
 NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
   (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
   (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
 MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
 SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
 CO-TENANTS.
   (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
 WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
 PARTITION ACTION:
   (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
 WHICH GOVERNS THE PARTITION OF THE PROPERTY;
   (II) ONE OR MORE OF THE CO-TENANTS ACQUIRED  TITLE  FROM  A  RELATIVE,
 WHETHER LIVING OR DECEASED; AND
   (III) ANY OF THE FOLLOWING APPLIES:
   (A) TWENTY PERCENT OR MORE OF THE INTERESTS ARE HELD BY CO-TENANTS WHO
 ARE RELATIVES;
 
              

co-Sponsors

2019-S4865A (ACTIVE) - Details

See Assembly Version of this Bill:
A7058
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

2019-S4865A (ACTIVE) - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

2019-S4865A (ACTIVE) - Sponsor Memo

2019-S4865A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4865--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  MONTGOMERY,  THOMAS  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to establishing the uniform partition of heirs property act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 993 to read as follows:
   § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
 SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
   (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
 VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
 NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
   (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
   (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
 MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
 SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
 CO-TENANTS.
   (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
 WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
 PARTITION ACTION:
   (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
 WHICH GOVERNS THE PARTITION OF THE PROPERTY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10955-02-9
              

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