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S09582 Summary:

BILL NOS09582
 
SAME ASSAME AS A08760
 
SPONSORGONZALEZ
 
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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S09582 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9582
 
                    IN SENATE
 
                                     March 26, 2026
                                       ___________
 
        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed 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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