STATE OF NEW YORK
________________________________________________________________________
8306
2025-2026 Regular Sessions
IN ASSEMBLY
May 12, 2025
___________
Introduced by M. of A. P. CARROLL -- (at request of the Department of
Motor Vehicles) -- read once and referred to the Committee on Judici-
ary
AN ACT to amend the estates, powers and trusts law, in relation to the
value of a motor vehicle exempt from the provisions of a will or
intestate distribution for the benefit of the family of a decedent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 5 of paragraph (a) of section 5-3.1 of the
2 estates, powers and trusts law, as amended by chapter 437 of the laws of
3 2010, is amended to read as follows:
4 (5) One motor vehicle not exceeding in value [twenty-five] fifty thou-
5 sand dollars. In the alternative, if the decedent shall have been the
6 owner of one or more motor vehicles each of which exceed [twenty-five]
7 fifty thousand dollars in value, the surviving spouse or decedent's
8 children may acquire one such motor vehicle from the estate, regardless
9 of the fact that the decedent may also have been the owner of another
10 motor vehicle of lesser value than [twenty-five] fifty thousand dollars,
11 by payment to the estate of the amount by which the value of the motor
12 vehicle exceeds [twenty-five] fifty thousand dollars; in lieu of receiv-
13 ing such motor vehicle, the surviving spouse or children may elect to
14 receive in cash an amount equal to the value of the motor vehicle, not
15 to exceed [twenty-five] fifty thousand dollars. If any motor vehicle so
16 acquired by the spouse or children of the decedent was a specific legacy
17 in decedent's will, the payment to the estate of the amount by which the
18 value of the motor vehicle exceeds [twenty-five] fifty thousand dollars
19 shall vest in the specific legatee.
20 § 2. This act shall take effect on the first of January next succeed-
21 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09978-01-5
