Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 01, 2024 |
referred to judiciary |
Assembly Bill A10019
2023-2024 Legislative Session
Sponsored By
BRAUNSTEIN
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-A10019 (ACTIVE) - Details
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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