Assembly Bill A10019

2023-2024 Legislative Session

Relates to the disqualification of a surviving spouse

download bill text pdf

Sponsored By

Current 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

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2023-A10019 (ACTIVE) - Details

See Senate Version of this Bill:
S3260
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-1.2, EPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8325, S6640
2019-2020: A248, S3345
2021-2022: A487, S720

2023-A10019 (ACTIVE) - Summary

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

2023-A10019 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10019
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Judiciary
 
 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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