New York State Assembly

 
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A08325 Summary:

A08325 Actions:

A08325 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:05/31/2018AYE/NAY:18/0  Action: Favorable         
Dinowitz
Aye
Palumbo
Aye
Titus
Absent
Montesano
Aye
Lavine
Aye
Barclay
Aye
Zebrowski
Aye
Goodell
Aye
Weprin
Aye
Castorina
Excused
Braunstein
Aye
Morinello
Aye
Simotas
Aye
Quart
Aye
Titone
Excused
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye
Abinanti
Aye

A08325 Floor Votes:

A08325 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8325
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 8, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
          disqualification as a surviving spouse
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 5-1.2 of the estates, powers and  trusts  law,  the
     2  opening paragraph of paragraph (a) as amended by chapter 515 of the laws
     3  of  1993,  subparagraph  6 of paragraph (a) as amended by chapter 300 of
     4  the laws of 1981, is amended to read as follows:
     5  § 5-1.2 Disqualification as surviving spouse
     6    (a) A husband or wife is a surviving spouse within  the  meaning,  and
     7  for  the  purposes  of  4-1.1,  5-1.1,  5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,
     8  unless it is established satisfactorily to the court having jurisdiction
     9  of the action or proceeding that:
    10    (1) A final decree or judgment of divorce, [of annulment or  declaring
    11  the  nullity  of a marriage or dissolving such marriage on the ground of
    12  absence,] recognized as valid under the law of this state, was in effect
    13  when the deceased spouse died.
    14    (2) A final decree or judgment of annulment or declaring  the  nullity
    15  of  a  void  marriage  or  dissolving such marriage, recognized as valid
    16  under the law of this state, is issued  before  or  after  the  deceased
    17  spouse  died.  For  the  purposes of this section, in the event any such
    18  decree or judgment  is  issued  after  the  deceased  spouse  died,  the
    19  marriage  shall  be  deemed  a nullity immediately prior to the death of
    20  such spouse.
    21    (3) The marriage was void as incestuous  under  section  five  of  the
    22  domestic relations law, bigamous under section six thereof, or a prohib-
    23  ited remarriage under section eight thereof.
    24    [(3)] (4) The spouse had procured outside of this state a final decree
    25  or judgment of divorce from the deceased spouse, of annulment or declar-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11994-01-7
        A. 8325                             2
 
     1  ing  the  nullity of the marriage with the deceased spouse or dissolving
     2  such marriage on the ground of absence, not recognized  as  valid  under
     3  the law of this state.
     4    [(4)]  (5)  A  final  decree  or judgment of separation, recognized as
     5  valid under the law of this state, was rendered against the spouse,  and
     6  such decree or judgment was in effect when the deceased spouse died.
     7    [(5)]  (6) The spouse abandoned the deceased spouse, and such abandon-
     8  ment continued until the time of death.
     9    [(6)] (7) A spouse who, having the duty to support the  other  spouse,
    10  failed  or  refused  to provide for such spouse though he or she had the
    11  means or ability to do so, unless such  marital  duty  was  resumed  and
    12  continued until the death of the spouse having the need of support.
    13    § 2. This act shall take effect immediately.