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This entry was published on 2014-09-22
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Disqualification of joint tenant in certain instances
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 4, PART 1
§ 4-1.6 Disqualification of joint tenant in certain instances

Notwithstanding any other provision of law to the contrary, a joint
tenant convicted of murder in the second degree as defined in section
125.25 of the penal law or murder in the first degree as defined in
section 125.27 of the penal law of another joint tenant shall not be
entitled to the distribution of any monies in a joint bank account
created or contributed to by the deceased joint tenant, except for
those monies contributed by the convicted joint tenant.

Upon the conviction of such joint tenant of first or second degree
murder and upon application by the prosecuting attorney, the court, as
part of its sentence, shall issue an order directing the amount of any
joint bank account to be distributed pursuant to the provisions of this
section from the convicted joint tenant and to the deceased joint
tenant's estate. The court and the prosecuting attorney shall each have
the power to subpoena records of a banking institution to determine the
amount of money in such bank account and by whom deposits were made. The
court shall also have the power to freeze such account upon application
by the prosecuting attorney during the pendency of a trial for first or
second degree murder. If, upon receipt of such court orders described in
this section, the banking institution holding monies in such joint
account complies with the terms of the order, such banking institution
shall be held free from all liability for the distribution of such funds
as were in such joint account. In the absence of actual or constructive
notice of such order, the banking institution holding monies in such
account shall be held harmless for distributing the money according to
its ordinary course of business.

For purposes of this section, the term banking institution shall have
the same meaning as provided for in paragraph (b) of subdivision three
of section nine-f of the banking law.