Bill S3313-2013

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

  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 21, 2013: RECOMMITTED TO RULES
  • Jun 10, 2013: ORDERED TO THIRD READING CAL.1183
  • Jun 10, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 31, 2013: REFERRED TO JUDICIARY

Votes

Memo

BILL NUMBER:S3313

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 he 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: 2011-12: A.3733-A/S.2640-A - Passed Senate 2009: A.7288/5.5358 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. 3313 A. 4120 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 31, 2013 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary 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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