assembly Bill A2573A

Signed By Governor
2021-2022 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

Current Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 22, 2021 signed chap.486
Oct 13, 2021 delivered to governor
Jun 10, 2021 returned to assembly
passed senate
3rd reading cal.522
substituted for s294a
Jun 01, 2021 referred to judiciary
delivered to senate
passed assembly
May 24, 2021 ordered to third reading rules cal.84
rules report cal.84
reported
May 19, 2021 reported referred to rules
May 07, 2021 print number 2573a
May 07, 2021 amend and recommit to judiciary
Jan 19, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2573 - Details

See Senate Version of this Bill:
S294
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2019-2020 Legislative Session:
A7412, S8983

A2573 - 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.

A2573 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2573
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FALL,  DICKENS, WILLIAMS, SAYEGH, GOTTFRIED,
   O'DONNELL, EPSTEIN, BARRON, PICHARDO -- Multi-Sponsored by -- M. of A.
   COOK -- 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  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.
                                                            LBD02510-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2573A (ACTIVE) - Details

See Senate Version of this Bill:
S294
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2019-2020 Legislative Session:
A7412, S8983

A2573A (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.

A2573A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2573--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FALL,  DICKENS, WILLIAMS, SAYEGH, GOTTFRIED,
   O'DONNELL, EPSTEIN, BARRON, PICHARDO -- Multi-Sponsored by -- M. of A.
   COOK -- read once and  referred  to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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
 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02510-02-1