Provides that no distributive share in the estate of a decedent shall be allowed to a person convicted of committing or attempting to commit a sex offense where the victim was the decedent.
STATE OF NEW YORK
________________________________________________________________________
3009
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. BARCLAY, WALKER, ERRIGO, HAWLEY, McKEVITT --
Multi-Sponsored by -- M. of A. BACALLES, CROUCH, OAKS, QUINN,
SAYWARD, THIELE, TOWNSEND -- read once and referred to the Committee
on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to the
distribution of a decedent's estate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The estates, powers and trusts law is amended by adding a
2 new section 4-1.3 to read as follows:
3 § 4-1.3 Disqualification of certain persons from taking a distributive
4 share
5 (a) No distributive share in the estate of a decedent shall be allowed
6 to a person convicted of committing or attempting to commit a sex
7 offense defined in article one hundred thirty of the penal law where the
8 victim was the decedent.
9 (b) In the event that a person is disqualified from taking a distribu-
10 tive share in the estate of a decedent, under this section, the estate
11 of such decedent shall be distributed in accordance with 4-1.1 as though
12 such person had predeceased the decedent.
13 § 2. This act shall take effect on the first of January next succeed-
14 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.
LBD02972-01-9
