Senate Bill S102

2015-2016 Legislative Session

Makes certain technical amendments to the estates, powers and trusts law and the surrogate's court procedure act to reflect the provisions of the marriage equality act

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Archive: Last Bill Status - In Senate Committee Judiciary 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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2015-S102 (ACTIVE) - Details

See Assembly Version of this Bill:
A5476
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §§4-1.1 & 6-2.2, EPT L; amd §§1001, 1310, 1704 & 1752, SCPA
Versions Introduced in Other Legislative Sessions:
2013-2014: S7003, A7100
2017-2018: S262, A3387
2019-2020: S300, A5604

2015-S102 (ACTIVE) - Summary

Makes certain technical amendments to the estates, powers and trusts law and the surrogate's court procedure act to reflect the provisions of the marriage equality act.

2015-S102 (ACTIVE) - Sponsor Memo

2015-S102 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   102

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. HOYLMAN, ESPAILLAT -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the estates, powers and trusts law and  the  surrogate's
  court  procedure  act,  in  relation  to  making technical corrections
  related to marriage equality

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraphs 6 and 7 of paragraph (a) of section 4-1.1 of
the estates, powers and trusts law, as amended by  chapter  595  of  the
laws of 1992, are amended to read as follows:
  (6)  One or more grandparents or the issue of grandparents (as herein-
after defined), and no spouse, issue, parent or issue of  parents,  one-
half  to  the  surviving  [paternal]  grandparent or grandparents OF ONE
PARENTAL SIDE, or if neither of them survives  the  decedent,  to  their
issue,  by  representation,  and  the  other  one-half  to the surviving
[maternal] grandparent or grandparents OF THE OTHER PARENTAL SIDE, or if
neither of them survives the decedent,  to  their  issue,  by  represen-
tation;  provided that if the decedent was not survived by a grandparent
or grandparents on one side or by the issue of  such  grandparents,  the
whole to the surviving grandparent or grandparents on the other side, or
if  neither  of them survives the decedent, to their issue, by represen-
tation, in the same manner as the one-half. For  the  purposes  of  this
subparagraph,  issue of grandparents shall not include issue more remote
than grandchildren of such grandparents.
  (7) Great-grandchildren of grandparents, and no spouse, issue, parent,
issue of parents, grandparent, children of grandparents or grandchildren
of grandparents, one-half to the great-grandchildren of  the  [paternal]
grandparents OF ONE PARENTAL SIDE, per capita, and the other one-half to
the  great-grandchildren  of  the  [maternal]  grandparents OF THE OTHER
PARENTAL SIDE, per  capita;  provided  that  if  the  decedent  was  not

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

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