Assembly Bill A7412A

2019-2020 Legislative Session

Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A7412 - Details

See Senate Version of this Bill:
S8983
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2021-2022 Legislative Session:
A2573, S294

2019-A7412 - Summary

Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate; allows the court the discretion to permit or prevent such appointment of an individual convicted of a felony; and allows for the appointment of an interpreter during the appointment process for the fiduciary of an estate.

2019-A7412 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7412
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2019
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   removing  the  prohibition  on  felons  that  prevents them from being
   appointed fiduciary of an estate
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (d) and (e) of subdivision 1 and subdivision 2
 of section 707 of the surrogate's court procedure act, paragraph (e)  as
 amended by chapter 514 of the laws of 1993, are amended and a new subdi-
 vision 3 is added to read as follows:
   (d)  [a felon
   (e)] one who does not possess the qualifications required of a fiduci-
 ary  by  reason  of  substance  abuse, dishonesty, improvidence, want of
 understanding, or who is  otherwise  unfit  for  the  execution  of  the
 office.
   2.    Persons ineligible in court's discretion.  The court may declare
 ineligible to act as fiduciary:
   (A) a person unable to read and write the English language; OR
   (B) A FELON WHOSE CRIME MAY BE ADVERSE TO THE WELFARE OF  THE  ESTATE,
 INCLUDING  BUT  NOT LIMITED TO, CRIMES SUCH AS EMBEZZLEMENT OR ANY CRIME
 WHERE THERE WAS A MISAPPROPRIATION OF MONEY OR  A  BREACH  OF  FIDUCIARY
 DUTY.
   3.  INTERPRETER.  UPON  REQUEST  OF  A  PERSON  SUBJECT TO THE COURT'S
 DISCRETION UNDER SUBDIVISION  TWO  OF  THIS  SECTION,  THE  COURT  SHALL
 PROVIDE AN INTERPRETER TO INTERPRET THE TESTIMONY OF ANY PERSON WHO DOES
 NOT SPEAK THE ENGLISH LANGUAGE WELL ENOUGH TO BE READILY UNDERSTOOD.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10968-04-9

co-Sponsors

multi-Sponsors

2019-A7412A (ACTIVE) - Details

See Senate Version of this Bill:
S8983
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §707, SCPA
Versions Introduced in 2021-2022 Legislative Session:
A2573, S294

2019-A7412A (ACTIVE) - Summary

Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate; allows the court the discretion to permit or prevent such appointment of an individual convicted of a felony; and allows for the appointment of an interpreter during the appointment process for the fiduciary of an estate.

2019-A7412A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7412--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2019
                                ___________
 
 Introduced  by  M.  of A. FALL, DICKENS, D'URSO, WILLIAMS, SAYEGH, GOTT-
   FRIED, O'DONNELL, WRIGHT, EPSTEIN, ORTIZ, BARRON, PICHARDO  --  Multi-
   Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
   tee  on  Judiciary  --  recommitted  to  the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   removing  the  prohibition  on  individuals convicted of a felony that
   prevents them from being appointed fiduciary of an estate
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (d) and (e) of subdivision 1 and subdivision 2
 of section 707 of the surrogate's court procedure act, paragraph (e)  as
 amended by chapter 514 of the laws of 1993, are amended and a new subdi-
 vision 3 is added to read as follows:
   (d)  [a felon
   (e)] one who does not possess the qualifications required of a fiduci-
 ary  by  reason  of  substance  abuse, dishonesty, improvidence, want of
 understanding, or who is  otherwise  unfit  for  the  execution  of  the
 office.
   2.    Persons ineligible in court's discretion.  The court may declare
 ineligible to act as fiduciary:
   (A) a person unable to read and write the English language; OR
   (B) AN INDIVIDUAL CONVICTED OF A FELONY WHOSE CRIME MAY BE ADVERSE  TO
 THE  WELFARE OF THE ESTATE, INCLUDING BUT NOT LIMITED TO, CRIMES SUCH AS
 EMBEZZLEMENT OR ANY CRIME WHERE THERE WAS A MISAPPROPRIATION OF MONEY OR
 A BREACH OF FIDUCIARY DUTY.
   3. INTERPRETER. UPON REQUEST  OF  A  PERSON  SUBJECT  TO  THE  COURT'S
 DISCRETION  UNDER  SUBDIVISION  TWO  OF  THIS  SECTION,  THE COURT SHALL
 PROVIDE AN INTERPRETER TO INTERPRET THE TESTIMONY OF ANY PERSON WHO DOES
 NOT SPEAK THE ENGLISH LANGUAGE WELL ENOUGH TO BE READILY UNDERSTOOD.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.