STATE OF NEW YORK
________________________________________________________________________
9759
IN ASSEMBLY
May 20, 2014
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Judici-
ary
AN ACT to amend the estates, powers and trusts law, in relation to
powers of attorney in relation to decedents' estates required to be in
writing and recorded
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13-2.3 of the estates, powers and trusts law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) Notwithstanding the provisions of any other statute or rule, no
4 instrument containing a delegation of powers, assignment of interest,
5 fee arrangement, or any instrument of like import created for the
6 purpose of participating on behalf of an individual in any application
7 seeking the recovery of property pursuant to section fourteen hundred
8 sixteen of the abandoned property law or section thirteen hundred ten of
9 the surrogate's court procedure act, nor any power of attorney, shall be
10 accepted for filing or recording by the surrogate's court of a partic-
11 ular county unless the amount at issue is in excess of one thousand
12 dollars or a fiduciary, as that term is defined by subdivision twenty-
13 one of section one hundred three of the surrogate's court procedure act,
14 has been appointed, or a proceeding for the appointment of a fiduciary
15 is pending in such court. The provisions of paragraph (b) of this
16 section shall apply to all instruments eligible for filing and recording
17 hereunder.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13631-03-4
