senate Bill S720

2021-2022 Legislative Session

Relates to the disqualification of a surviving spouse

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
returned to senate
died in assembly
Apr 28, 2021 referred to judiciary
delivered to assembly
passed senate
Mar 25, 2021 advanced to third reading
Mar 24, 2021 2nd report cal.
Mar 23, 2021 1st report cal.619
1st report cal.619
Jan 06, 2021 referred to judiciary

S720 (ACTIVE) - Details

See Assembly Version of this Bill:
A487
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-1.2, EPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6640, A8325
2019-2020: S3345, A248

S720 (ACTIVE) - Summary

Provides for the disqualification of a surviving spouse if the marriage is annulled or voided after the death of the spouse.

S720 (ACTIVE) - Sponsor Memo

S720 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    720
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 estates, powers  and  trusts  law,  in  relation  to
   disqualification as a surviving spouse

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5-1.2 of the estates, powers and  trusts  law,  the
 opening paragraph of paragraph (a) as amended by chapter 515 of the laws
 of  1993,  subparagraph  6 of paragraph (a) as amended by chapter 300 of
 the laws of 1981, is amended to read as follows:
 § 5-1.2 Disqualification as surviving spouse
   (a) A husband or wife is a surviving spouse within  the  meaning,  and
 for  the  purposes  of  4-1.1,  5-1.1,  5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
 unless it is established satisfactorily to the court having jurisdiction
 of the action or proceeding that:
   (1) A final decree or judgment of divorce, [of annulment or  declaring
 the  nullity  of a marriage or dissolving such marriage on the ground of
 absence,] recognized as valid under the law of this state, was in effect
 when the deceased spouse died.
   (2) A FINAL DECREE OR JUDGMENT OF ANNULMENT OR DECLARING  THE  NULLITY
 OF  A  VOID  MARRIAGE  OR  DISSOLVING SUCH MARRIAGE, RECOGNIZED AS VALID
 UNDER THE LAW OF THIS STATE, IS ISSUED  BEFORE  OR  AFTER  THE  DECEASED
 SPOUSE  DIED.  FOR  THE  PURPOSES OF THIS SECTION, IN THE EVENT ANY SUCH
 DECREE OR JUDGMENT  IS  ISSUED  AFTER  THE  DECEASED  SPOUSE  DIED,  THE
 MARRIAGE  SHALL  BE  DEEMED  A NULLITY IMMEDIATELY PRIOR TO THE DEATH OF
 SUCH SPOUSE.
   (3) The marriage was void as incestuous  under  section  five  of  the
 domestic relations law, bigamous under section six thereof, or a prohib-
 ited remarriage under section eight thereof.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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