Senate Bill S3260

2023-2024 Legislative Session

Relates to the disqualification of a surviving spouse

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2023-S3260 (ACTIVE) - Details

See Assembly Version of this Bill:
A10019
Current Committee:
Assembly 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
2021-2022: S720, A487

2023-S3260 (ACTIVE) - Summary

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

2023-S3260 (ACTIVE) - Sponsor Memo

2023-S3260 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3260
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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.
   [(3)] (4) The spouse had procured outside of this state a final decree
 or judgment of divorce from the deceased spouse, of annulment or declar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01204-01-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.