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NY S08057

Bill

Status

Passed

10/1/2010

Primary Sponsor

Diane Savino

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Amends the deadline for a surviving spouse to elect against a will from six months after letters testamentary/administration are issued to a maximum of two years after the decedent's death

  • Allows the surrogate's court to extend the election deadline by up to six months before expiration upon application

  • Permits the court to relieve a spouse from missing the deadline and authorize a late election if no account settlement decree has been made and fewer than twelve months have passed since letters were issued, provided two years have not elapsed since death

  • Authorizes the surrogate's court to extend the election deadline beyond the two-year period in its discretion upon a showing of good cause

  • Takes effect January 1 of the year following enactment

Legislative Description

Clarifies that a spouse's right of election must be made within two years of the deceased spouse's death.

Last Action

SIGNED CHAP.545

10/1/2010

Committee Referrals

Judiciary6/15/2010
Judiciary6/3/2010

Full Bill Text

No bill text available