senate Bill S294A

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 Via A2573 - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to assembly
passed senate
3rd reading cal.522
substituted for s294a
Jun 10, 2021 substituted by a2573a
May 11, 2021 amended on third reading 294a
Mar 11, 2021 advanced to third reading
Mar 10, 2021 2nd report cal.
Mar 09, 2021 1st report cal.522
Jan 06, 2021 referred to judiciary

Co-Sponsors

S294 - Details

See Assembly Version of this Bill:
A2573
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2019-2020 Legislative Session:
S8983, A7412

S294 - 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.

S294 - Sponsor Memo

S294 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    294
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, JACKSON -- read twice and ordered printed,
   and when printed to be committed 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

S294A (ACTIVE) - Details

See Assembly Version of this Bill:
A2573
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2019-2020 Legislative Session:
S8983, A7412

S294A (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.

S294A (ACTIVE) - Sponsor Memo

S294A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  294--A
     Cal. No. 522
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, JACKSON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.

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