Bill Text: NY A08003 | 2017-2018 | General Assembly | Introduced

Bill Title: Allows for service by mail to a nominated executor's domicile when exercising the right of election by a surviving spouse.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-24 - signed chap.228 [A08003 Detail]

Download: New_York-2017-A08003-Introduced.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
        Introduced  by  M. of A. BRAUNSTEIN, WEINSTEIN -- read once and referred
          to the Committee on Judiciary
        AN ACT to amend the estates, powers and trusts law, in relation  to  the
          procedure for exercising the right of election by a surviving spouse
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph 1 of paragraph (d) of section 5-1.1-A  of  the
     2  estates, powers and trusts law, as amended by chapter 545 of the laws of
     3  2010, is amended to read as follows:
     4    (1) An election under this section must be made within six months from
     5  the  date  of  issuance of letters testamentary or of administration, as
     6  the case may be, but in no event later than two years after the date  of
     7  decedent's death, except as otherwise provided in subparagraph 2 of this
     8  paragraph.  Written  notice  of  such  election shall be served upon any
     9  personal representative in the manner herein provided, or upon a  person
    10  named  as  executor in a will on file in the surrogate's court in a case
    11  where such will has not yet been admitted to probate, and  the  original
    12  thereof  shall  be  filed  and  recorded,  with proof of service, in the
    13  surrogate's court in which such letters were issued  within  six  months
    14  from  the date of the issuance of letters but in no event later than two
    15  years from the date of decedent's death, except as otherwise provided in
    16  subparagraph 2 of this paragraph. Such notice may be served by mailing a
    17  copy thereof, addressed to any personal representative, or to the  nomi-
    18  nated  executor, as the case may be, at the place of residence stated in
    19  the designation required by section 708 of the surrogate's court  proce-
    20  dure act, to the domicile address of such nominated executor, or in such
    21  other manner as the surrogate may direct.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.