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NY A07412

Bill

Status

Introduced

5/1/2019

Primary Sponsor

Charles Fall

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Removes the automatic prohibition preventing individuals convicted of felonies from serving as fiduciaries of estates under the Surrogate's Court Procedure Act.

  • Grants courts discretionary authority to declare an individual convicted of a felony ineligible as fiduciary only if the crime may be adverse to the estate's welfare, including crimes such as embezzlement or misappropriation of money or breach of fiduciary duty.

  • Maintains court discretion to declare ineligible any person unable to read and write English or who lacks required fiduciary qualifications due to substance abuse, dishonesty, improvidence, or unfitness.

  • Requires courts to provide an interpreter upon request for persons subject to court discretion under the new provisions if they do not speak English well enough to be readily understood.

  • Takes effect immediately upon enactment.

Legislative Description

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.

Last Action

print number 7412a

9/9/2020

Committee Referrals

Judiciary5/1/2019

Full Bill Text

No bill text available