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 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 |
Senate Bill S294A
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) 20th Senate District
Archive: Last Bill Status Via A2573 - 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 31st Senate District
2021-S294 - Details
2021-S294 - Sponsor Memo
BILL NUMBER: S294 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
2021-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
(D, WF) 31st Senate District
2021-S294A (ACTIVE) - Details
2021-S294A (ACTIVE) - Sponsor Memo
BILL NUMBER: S294A 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 their family estate. Current law prevents anyone convicted of a felony to become a fiduciary of an estate, even if the deceased parent/family member(s) name said individual executor to the estate. This legislation also gives latitude to the court to still judge on certain cases where the prior conviction was associated with fraud, embezzlement or whose crime may be averse to the welfare of the estate. SUMMARY OF PROVISIONS:
2021-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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