Loading chat...
NY S06698
Bill
Status
9/11/2019
Primary Sponsor
Andrew Gounardes
Click for details
AI Summary
-
Changes the definition of "genetic parent" from gender-specific language ("man" or "woman") to gender-neutral "person" in the Estates, Powers and Trusts Law.
-
Adds a new pathway (paragraph b-1) for posthumously conceived children to inherit from a genetic parent when the birth parent is the surviving spouse, genetic material was collected after death, and no divorce was pending at time of death.
-
Requires only "clear and convincing evidence" of contrary intent from the deceased to prevent inheritance eligibility under the new pathway, rather than the stricter written documentation requirements in the existing pathway.
-
Allows testimony regarding the deceased genetic parent's contrary intention even when the dead person's declarations would normally be excluded under the civil practice rules, provided other corroborating evidence exists.
-
Applies retroactively to estates of decedents dying on or after November 21, 2014, with the effective date being immediately upon enactment.
Legislative Description
Relates to inheritance by children conceived after the death of a genetic parent; provides that a genetic child is a distributee of his or her genetic parent if, absent clear and convincing evidence of a contrary intention of the deceased genetic parent, it is established that the person giving birth to the child is the surviving spouse of the genetic parent; the genetic material was collected after the genetic parent's death; and at the time of the genetic parent's death no divorce proceeding was pending.
Last Action
COMMITTED TO RULES
12/28/2020