Legislation
SECTION 2226
Rights of alleged decedent upon return If letters shall issue upon the estate of an alleged decedent and if thereafter the person alleged...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2226. Rights of alleged decedent upon return
If letters shall issue upon the estate of an alleged decedent and if
thereafter the person alleged to be dead shall return he or she shall on
demand receive the property then in the hands of the fiduciary after
reserve for any unpaid administration charges and shall have only the
further rights to compel an accounting on the part of his or her
fiduciary and to enforce the decree made thereon. His or her fiduciary
shall not be liable for moneys or assets disbursed or delivered by him
or her in good faith and the person alleged to be dead may not, upon his
or her return, review any matter or recover any property embraced in any
account of his or her fiduciary which may have been finally settled by
decree entered prior to the date when his or her fiduciary shall have
had actual notice that he or she is still living.
If letters shall issue upon the estate of an alleged decedent and if
thereafter the person alleged to be dead shall return he or she shall on
demand receive the property then in the hands of the fiduciary after
reserve for any unpaid administration charges and shall have only the
further rights to compel an accounting on the part of his or her
fiduciary and to enforce the decree made thereon. His or her fiduciary
shall not be liable for moneys or assets disbursed or delivered by him
or her in good faith and the person alleged to be dead may not, upon his
or her return, review any matter or recover any property embraced in any
account of his or her fiduciary which may have been finally settled by
decree entered prior to the date when his or her fiduciary shall have
had actual notice that he or she is still living.