New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A11048 Summary:

A11048 Actions:

A11048 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:06/06/2018AYE/NAY:19/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Palumbo
Aye
Titus
Aye
Montesano
Aye
Lavine
Aye
Barclay
Aye
Zebrowski
Excused
Goodell
Aye
Weprin
Aye
Castorina
Excused
Braunstein
Aye
Morinello
Aye
Simotas
Aye
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye
Abinanti
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Excused
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A11048 Floor Votes:

A11048 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11048
 
                   IN ASSEMBLY
 
                                      June 1, 2018
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
          read once and referred to the Committee on Judiciary
 
        AN  ACT to amend the surrogate's court procedure act, in relation to the
          granting of letters of administration and  letters  of  administration
          with will annexed
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 6 and 7 of section  1001  of  the  surrogate's
     2  court procedure act, subdivision 6 as amended by chapter 514 of the laws
     3  of 1993 and subdivision 7 as amended by chapter 115 of the laws of 1981,
     4  are amended to read as follows:
     5    6. Letters of administration may be granted to an eligible distributee
     6  or  to an eligible person who is not a distributee upon the acknowledged
     7  and filed consents of all eligible distributees,  or  if  there  are  no
     8  eligible  distributees, then on the consents of all distributees, except
     9  that the guardian of the property of an infant distributee, the  commit-
    10  tee  of the property of an incompetent distributee or the conservator of
    11  property of a conservatee appointed within the State of New York may  so
    12  consent  on  behalf  of  his  ward.  For purposes of this subdivision, a
    13  distributee is eligible if letters of administration could be issued  to
    14  him  or her alone or acting together with the person or persons so nomi-
    15  nated.
    16    7. Letters of administration may be granted  to  a  trust  company  or
    17  other  corporation  authorized to act as fiduciary upon the acknowledged
    18  and filed consents of all eligible distributees [inclusive of those  who
    19  may be non-domiciliary aliens, provided that all such persons are other-
    20  wise  eligible],  or  if  there  are  no  eligible  distributes, then on
    21  consents of all distributees, except that the guardian of  the  property
    22  of  an  infant distributee, the committee of the property of an incompe-
    23  tent distributee  or  the  conservator  of  property  of  a  conservatee
    24  appointed  within  the state of New York may so consent on behalf of his
    25  ward. For purposes of this subdivision, a  distributee  is  eligible  if
    26  letters  of administration could be issued to him or her alone or acting
    27  together with the trust company or other corporation so nominated.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16139-01-8
        A. 11048                            2
 
     1    § 2. Subdivisions 6 and 7 of section 1418  of  the  surrogate's  court
     2  procedure  act,  subdivision  6 as amended by chapter 115 of the laws of
     3  1981 and subdivision 7 as amended by chapter 536 of the  laws  of  1985,
     4  are amended to read as follows:
     5    6.  Administration may be granted to an eligible person or persons not
     6  entitled as beneficiaries upon the acknowledged and filed consent of all
     7  of the eligible beneficiaries, [provided all the beneficiaries are them-
     8  selves eligible. The] or if there are no eligible beneficiaries, then on
     9  the consent of all of the beneficiaries, except that the guardian of the
    10  property of an infant beneficiary, the committee of the property  of  an
    11  incompetent  beneficiary or the conservator of the property of a conser-
    12  vatee beneficiary appointed within the state of New York, may so consent
    13  on behalf of his or her ward. For purposes of this subdivision, a  bene-
    14  ficiary is eligible if letters of administration with will annexed could
    15  be  issued  to  him  or  her alone or acting together with the person or
    16  persons or so nominated.
    17    7. Administration may be granted to a trust company  or  other  corpo-
    18  ration  authorized  to  act as fiduciary upon the acknowledged and filed
    19  consents of all the eligible beneficiaries [inclusive of those  who  may
    20  be  non-domiciliary  aliens,  provided  that  all such beneficiaries are
    21  otherwise eligible. The], or if there  are  no  eligible  beneficiaries,
    22  then  on  the consents of all beneficiaries, except that the guardian of
    23  the property of an infant beneficiary, the committee of the property  of
    24  an  incompetent  beneficiary,  or  the  conservator of the property of a
    25  conservatee beneficiary appointed within the state of New York,  may  so
    26  consent  on behalf of his or her ward. For purposes of this subdivision,
    27  a beneficiary is eligible if letters of administration with will annexed
    28  could be issued to him or her alone or acting together  with  the  trust
    29  company or other corporation so nominated.
    30    §  3.  This  act  shall take effect immediately and shall apply to all
    31  proceedings occurring on or after such effective date.