NY State Senate Bill 2017-S6640

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jun 09, 2017	referred to rules

2017-S6640 (ACTIVE) - Details

See Assembly Version of this Bill:: A8325
Current Committee:: Senate Judiciary
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Amd §5-1.2, EPT L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3345, A248
2021-2022: S720, A487
2023-2024: S3260, A10019

2017-S6640 (ACTIVE) - Summary

Provides for the disqualification of a surviving spouse if the marriage is annulled or voided after the death of the spouse.

2017-S6640 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6640

 TITLE OF BILL :  An act to amend the estates, powers and trusts law,
in relation to disqualification as a surviving spouse

 PURPOSE OF THE BILL :

The purpose of the bill is to permit the disqualification of a spouse
to take a share of a decedent's estate if there is an annulment of the
marriage before or after the death of the decedent.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Section 5-1.2 of the estates, powers and trust law, as
amended by chapter 515 of the laws of 1993, as amended by chapter 300
of the laws of 1981.

 JUSTIFICATION :

New York State's Estates, Power and Trust Law, EPTL, permits a
surviving spouse with a right of election to take a share of the
decedent's estate as long as the parties were married on the date of
the decedent's death. Thus, a husband or wife is a surviving spouse
unless it can be established satisfactorily to the court that any
grounds for disqualification within EPTL are present including, among
others, final decree or judgment of divorce, annulment or other formal

declaration of the nullity of a marriage at the time of the decedents
death.

Currently, under the New  York's Domestic Relations Law a marriage in
New York can be annulled post-death.However, this post- death status
has no effect on the right of a spouse to take an elective share of
decedent's assets because NYS EPTL 5-1.2 specifies that it is the
marital status of the parties at the time of the decedent death that
controls in New York.

Hence, several recent court decisions have highlighted a specific type
of elder abuse where a person takes unfair advantage of an individual
who lacks the capacity to enter into a marriage or otherwise utilizes
fraud and undue influence to secretly marry the individual for the
purpose of obtaining a portion of his or her estate at the expense of
the intended heirs.If they are married at the time of the decedents
death, none of the grounds for disqualification under the existing
EPTL statute 5-1.2 exist, and the surviving "spouse" is entitled to
his or her elective share under EPTL 5-1.1 unless the court intervenes
for equitable reasons or the court determines the statute ordains the
protection of fraud. Yet, some courts have been reluctant to do this
in light of the present unambiguous and strict statutory language.

This legislation focuses on the disqualification ground concerning a
final decree of annulment or other formal declaration of the nullity
of a marriage which exists at the time of the decedent's death.

It would make the EPTL statute compatible with the remedial actions
authorized under the Domestic Relations Law, permitting the
disqualification of a spouse on the annulment of the marriage before
or after the death of the decedent.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6640 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6640
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
   disqualification as a surviving spouse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5-1.2 of the estates, powers and  trusts  law,  the
 opening paragraph of paragraph (a) as amended by chapter 515 of the laws
 of  1993,  subparagraph  6 of paragraph (a) as amended by chapter 300 of
 the laws of 1981, is amended to read as follows:
 § 5-1.2 Disqualification as surviving spouse
   (a) A husband or wife is a surviving spouse within  the  meaning,  and
 for  the  purposes  of  4-1.1,  5-1.1,  5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
 unless it is established satisfactorily to the court having jurisdiction
 of the action or proceeding that:
   (1) A final decree or judgment of divorce, [of annulment or  declaring
 the  nullity  of a marriage or dissolving such marriage on the ground of
 absence,] recognized as valid under the law of this state, was in effect
 when the deceased spouse died.
   (2) A FINAL DECREE OR JUDGMENT OF ANNULMENT OR DECLARING  THE  NULLITY
 OF  A  VOID  MARRIAGE  OR  DISSOLVING SUCH MARRIAGE, RECOGNIZED AS VALID
 UNDER THE LAW OF THIS STATE, IS ISSUED  BEFORE  OR  AFTER  THE  DECEASED
 SPOUSE  DIED.  FOR  THE  PURPOSES OF THIS SECTION, IN THE EVENT ANY SUCH
 DECREE OR JUDGMENT  IS  ISSUED  AFTER  THE  DECEASED  SPOUSE  DIED,  THE
 MARRIAGE  SHALL  BE  DEEMED  A NULLITY IMMEDIATELY PRIOR TO THE DEATH OF
 SUCH SPOUSE.
   (3) The marriage was void as incestuous  under  section  five  of  the
 domestic relations law, bigamous under section six thereof, or a prohib-
 ited remarriage under section eight thereof.
   [(3)] (4) The spouse had procured outside of this state a final decree
 or judgment of divorce from the deceased spouse, of annulment or declar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11994-01-7

 S. 6640                             2
 
 ing  the  nullity of the marriage with the deceased spouse or dissolving
 such marriage on the ground of absence, not recognized  as  valid  under
 the law of this state.
   [(4)]  (5)  A  final  decree  or judgment of separation, recognized as
 valid under the law of this state, was rendered against the spouse,  and
 such decree or judgment was in effect when the deceased spouse died.
   [(5)]  (6) The spouse abandoned the deceased spouse, and such abandon-
 ment continued until the time of death.
   [(6)] (7) A spouse who, having the duty to support the  other  spouse,
 failed  or  refused  to provide for such spouse though he or she had the
 means or ability to do so, unless such  marital  duty  was  resumed  and
 continued until the death of the spouse having the need of support.
   § 2. This act shall take effect immediately.

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Senate Bill S6640

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S6640 (ACTIVE) - Details

2017-S6640 (ACTIVE) - Summary

2017-S6640 (ACTIVE) - Sponsor Memo

2017-S6640 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6640

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S6640 (ACTIVE) - Details

2017-S6640 (ACTIVE) - Summary

2017-S6640 (ACTIVE) - Sponsor Memo

2017-S6640 (ACTIVE) - Bill Text download pdf

Comments