Bill Text: NY A07412 | 2019-2020 | General Assembly | Amended

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Bill Title: Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate; allows the court the discretion to permit or prevent such appointment of an individual convicted of a felony; and allows for the appointment of an interpreter during the appointment process for the fiduciary of an estate.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2020-09-09 - print number 7412a [A07412 Detail]

Download: New_York-2019-A07412-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7412--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 1, 2019
                                       ___________

        Introduced  by  M.  of A. FALL, DICKENS, D'URSO, WILLIAMS, SAYEGH, GOTT-
          FRIED, O'DONNELL, WRIGHT, EPSTEIN, ORTIZ, BARRON, PICHARDO  --  Multi-
          Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
          tee  on  Judiciary  --  recommitted  to  the Committee on Judiciary in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
          removing  the  prohibition  on  individuals convicted of a felony that
          prevents them from being appointed fiduciary of an estate

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs (d) and (e) of subdivision 1 and subdivision 2
     2  of section 707 of the surrogate's court procedure act, paragraph (e)  as
     3  amended by chapter 514 of the laws of 1993, are amended and a new subdi-
     4  vision 3 is added to read as follows:
     5    (d)  [a felon
     6    (e)] one who does not possess the qualifications required of a fiduci-
     7  ary  by  reason  of  substance  abuse, dishonesty, improvidence, want of
     8  understanding, or who is  otherwise  unfit  for  the  execution  of  the
     9  office.
    10    2.    Persons ineligible in court's discretion.  The court may declare
    11  ineligible to act as fiduciary:
    12    (a) a person unable to read and write the English language; or
    13    (b) an individual convicted of a felony whose crime may be adverse  to
    14  the  welfare of the estate, including but not limited to, crimes such as
    15  embezzlement or any crime where there was a misappropriation of money or
    16  a breach of fiduciary duty.
    17    3. Interpreter. Upon request  of  a  person  subject  to  the  court's
    18  discretion  under  subdivision  two  of  this  section,  the court shall
    19  provide an interpreter to interpret the testimony of any person who does
    20  not speak the English language well enough to be readily understood.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10968-05-0