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A08760 Summary:

BILL NOA08760
 
SAME ASNo Same As
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Amd §707, SCPA
 
Removes being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary.
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A08760 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8760
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Judiciary
 
        AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
          persons ineligible to act as a fiduciary
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of  section  707  of  the  surrogate's  court
     2  procedure act, as amended by chapter 486 of the laws of 2021, is amended
     3  to read as follows:
     4    2.  Persons  ineligible  in  court's discretion. The court may declare
     5  ineligible to act as fiduciary[:
     6    (a) a person unable to read and write the English language; or
     7    (b)] an individual convicted of a felony whose crime may be adverse to
     8  the welfare of the estate, including but not limited to, crimes such  as
     9  embezzlement or any crime where there was a misappropriation of money or
    10  a breach of fiduciary duty.
    11    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13214-01-5
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