Assembly Bill A9759

Signed By Governor
2013-2014 Legislative Session

Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded

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Sponsored By

Archive: Last Bill Status Via S7077 - Signed by Governor


  • 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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2013-A9759 (ACTIVE) - Details

See Senate Version of this Bill:
S7077
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §13-2.3, EPT L

2013-A9759 (ACTIVE) - Summary

Relates to powers of attorney in relation to decedents' estates required to be in writing and recorded.

2013-A9759 (ACTIVE) - Bill Text download pdf

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

                                  9759

                          I N  A S S E M B L Y

                              May 20, 2014
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
  powers of attorney in relation to decedents' estates required to be in
  writing and recorded

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

  Section  1.  Section  13-2.3  of the estates, powers and trusts law is
amended by adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER STATUTE  OR  RULE,  NO
INSTRUMENT  CONTAINING  A  DELEGATION OF POWERS, ASSIGNMENT OF INTEREST,
FEE ARRANGEMENT, OR ANY  INSTRUMENT  OF  LIKE  IMPORT  CREATED  FOR  THE
PURPOSE  OF  PARTICIPATING ON BEHALF OF AN INDIVIDUAL IN ANY APPLICATION
SEEKING THE RECOVERY OF PROPERTY PURSUANT TO  SECTION  FOURTEEN  HUNDRED
SIXTEEN OF THE ABANDONED PROPERTY LAW OR SECTION THIRTEEN HUNDRED TEN OF
THE SURROGATE'S COURT PROCEDURE ACT, NOR ANY POWER OF ATTORNEY, SHALL BE
ACCEPTED  FOR  FILING OR RECORDING BY THE SURROGATE'S COURT OF A PARTIC-
ULAR COUNTY UNLESS THE AMOUNT AT ISSUE IS  IN  EXCESS  OF  ONE  THOUSAND
DOLLARS  OR  A  FIDUCIARY,  AS  THAT  TERM  IS  DEFINED  BY  SUBDIVISION
TWENTY-ONE OF SECTION ONE HUNDRED THREE OF THE SURROGATE'S COURT  PROCE-
DURE  ACT,  HAS BEEN APPOINTED, OR A PROCEEDING FOR THE APPOINTMENT OF A
FIDUCIARY IS PENDING IN SUCH COURT. THE PROVISIONS OF PARAGRAPH  (B)  OF
THIS  SECTION  SHALL  APPLY  TO  ALL INSTRUMENTS ELIGIBLE FOR FILING AND
RECORDING HEREUNDER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13631-03-4


              

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