NY State Senate Bill 2025-S8367

Senate Bill S8367

2025-2026 Legislative Session

Increases the value of a motor vehicle exempt from the provisions of a will or intestate distribution for the benefit of the family of a decedent

download bill text pdf

Current Bill Status - In Senate Committee Rules 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2025	referred to rules

2025-S8367 (ACTIVE) - Details

See Assembly Version of this Bill:: A8306
Current Committee:: Senate Rules
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §5-3.1, EPT L

2025-S8367 (ACTIVE) - Summary

Increases the value of a motor vehicle exempt from the provisions of a will or intestate distribution for the benefit of the family of a decedent.

2025-S8367 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8367

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the estates, powers and trusts law, in relation to the
value of a motor vehicle exempt from the provisions of a will or intes-
tate distribution for the benefit of the family of a decedent

 
PURPOSE OF THE BILL:

This purpose of this bill is to increase the value of the motor vehicle
exempt from the provisions of a will or intestate distribution and to be
automatically set off to the decedent's surviving spouse to provide
support for the surviving spouse during the period of estate adminis-
tration. In the event there is no surviving spouse, the exempt property
is set off to the decedent children who are under 21.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend EPTL § 5-3.1(a)(5) to make the value
of the motor vehicle exempt from the provisions of the will or intestate

distribution for the benefit of the family of a decedent to $50,000.00.

 
JUSTIFICATION:

This proposal is necessary in light of changes in our society since the
last amendment to the value of the motor vehicle exempt from the
provisions of the will or the intestate distribution under the EPTL done
over 14 years ago. Inflation has caused the value of automobiles to rise
thus reducing the value of an automobile that the surviving spouse or
family may receive.

 
PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS:

The increased dollar amount for an automobile which could be set off to
a spouse and children may result in decreased in filings of administra-
tive petitions and commensurate reduction in the time of court personnel
to review such filings. The loss of filing fees which might have been
received will be offset by the savings of time for court personnel.

 
EFFECTIVE DATE:
The bill would be effective the first day of January next succeeding the
date on which it shall become law.

2025-S8367 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8367
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2025
                                ___________
 
 Introduced  by  Sen.  HOYLMAN-SIGAL  -- (at request of the Department of
   Motor Vehicles) -- read twice and ordered printed, and when printed to
   be committed to the Committee on Rules
 
 AN ACT to amend the estates, powers and trusts law, in relation  to  the
   value  of  a  motor  vehicle  exempt  from the provisions of a will or
   intestate distribution for the benefit of the family of a decedent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  5  of paragraph (a) of section 5-3.1 of the
 estates, powers and trusts law, as amended by chapter 437 of the laws of
 2010, is amended to read as follows:
   (5) One motor vehicle not exceeding in value [twenty-five] FIFTY thou-
 sand dollars. In the alternative, if the decedent shall  have  been  the
 owner  of  one or more motor vehicles each of which exceed [twenty-five]
 FIFTY thousand dollars in value,  the  surviving  spouse  or  decedent's
 children  may acquire one such motor vehicle from the estate, regardless
 of the fact that the decedent may also have been the  owner  of  another
 motor vehicle of lesser value than [twenty-five] FIFTY thousand dollars,
 by  payment  to the estate of the amount by which the value of the motor
 vehicle exceeds [twenty-five] FIFTY thousand dollars; in lieu of receiv-
 ing such motor vehicle, the surviving spouse or children  may  elect  to
 receive  in  cash an amount equal to the value of the motor vehicle, not
 to exceed [twenty-five] FIFTY thousand dollars. If any motor vehicle  so
 acquired by the spouse or children of the decedent was a specific legacy
 in decedent's will, the payment to the estate of the amount by which the
 value  of the motor vehicle exceeds [twenty-five] FIFTY thousand dollars
 shall vest in the specific legatee.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09978-01-5

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