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NY S08057
Bill
Status
10/1/2010
Primary Sponsor
Diane Savino
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AI Summary
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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
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Allows the surrogate's court to extend the election deadline by up to six months before expiration upon application
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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
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Authorizes the surrogate's court to extend the election deadline beyond the two-year period in its discretion upon a showing of good cause
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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