Bill S2640A-2011

Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to certain persons

Authorizes the comptroller to pay the proceeds of the estate of Howard J. Geyer to any person who can trace a familial relationship through common great-grandparents with the decedent; provides a kinship hearing in the surrogate's court of the county of Suffolk to determine persons entitled to such proceeds.

Details

Actions

  • Jun 21, 2012: referred to judiciary
  • Jun 21, 2012: DELIVERED TO ASSEMBLY
  • Jun 21, 2012: PASSED SENATE
  • Jun 21, 2012: ORDERED TO THIRD READING CAL.1437
  • Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 19, 2012: PRINT NUMBER 2640A
  • Mar 19, 2012: AMEND (T) AND RECOMMIT TO JUDICIARY
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 21, 2011: referred to insurance
  • Jun 21, 2011: DELIVERED TO ASSEMBLY
  • Jun 21, 2011: PASSED SENATE
  • Jun 21, 2011: ORDERED TO THIRD READING CAL.1452
  • Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 27, 2011: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012
Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Krueger

Memo

BILL NUMBER:S2640A

TITLE OF BILL: An act in relation to authorizing the state comptroller to pay the proceeds of the estate of Howard J. Geyer to any person who can trace a familial relationship through common great-grandparents with the decedent, and providing for a kinship hearing in the surrogate's court of the county of Suffolk to determine persons entitled to such proceeds

PURPOSE: This legislation would allow the estate of Howard Geyer to be distributed among his distant relatives, rather than be held by the comptroller's Office of Unclaimed Funds.

SUMMARY OF PROVISIONS: This is a special act to authorize the New York State Comptroller to pay the proceeds of the estate of Howard G. Geyer to certain family members.

JUSTIFICATION: Howard J. Geyer died without leaving a will; as such his estate was to be distributed according to New York State law. Under current New York State Estates, Powers, and Trusts Law, the definition of a distributee is limited as someone who shares a common grandparent with the deceased. If there is no one to claim the inheritance with this familial relationship, the funds remain as abandoned property.

This legislation would authorize the New York State Comptroller to pay the net proceeds (plus any accrued interest) of Howard Geyer's estate from the Abandoned Property Fund of the State of New York to any person who can trace a familial relationship to him through common great-grandparents. Persons entitled to the proceeds of Howard Geyer's estate shall first be determined through a kinship hearing that would be conducted by the surrogate's court of the county of Suffolk.

LEGISLATIVE HISTORY: 2009: A.7288/S.5358 - Veto #71 of 2009 2007-08: A.6021/S.3210 - Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 2640--A A. 3733--A 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 27, 2011 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judi- ciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to authorizing the state comptroller to pay the proceeds of the estate of Howard J. Geyer to any person who can trace a familial relationship through common great-grandparents with the decedent, and providing for a kinship hearing in the surrogate's court of the county of Suffolk to determine persons entitled to such proceeds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding the provisions of section 4-1.1 of the estates, powers, and trusts law, or any other provision of law to the contrary, the state comptroller shall be authorized to pay the net proceeds of the estate of Howard J. Geyer, county of Suffolk (file No. 392A2003), plus any interest accrued, from the abandoned property fund of the state of New York, to any person who can trace a familial relationship through common great-grandparents with the decedent. Persons entitled to the proceeds of such estate, pursuant to this act, shall first be determined through a kinship hearing to be conducted by the surrogate's court of the county of Suffolk. As a condition precedent to distribution of the funds by the state comptroller, all persons enti- tled to the proceeds of such estate, as determined by the kinship hear-
ing, shall present to the state comptroller a binding legal agreement, providing for the apportionment of the proceeds of such estate plus any interest accrued, executed by all persons entitled to the proceeds. The state comptroller shall not make any payment until such agreement shall have been filed with both the surrogate's court of Suffolk County and the state comptroller. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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