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NY A07412
Bill
Status
5/1/2019
Primary Sponsor
Charles Fall
Click for details
AI Summary
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Removes the automatic prohibition preventing individuals convicted of felonies from serving as fiduciaries of estates under the Surrogate's Court Procedure Act.
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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.
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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.
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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.
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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