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NY S08983

Bill

Status

Introduced

9/16/2020

Primary Sponsor

Zellnor Myrie

Click for details

Origin

Senate

2019-2020 General Assembly

AI Summary

  • Removes the automatic prohibition preventing individuals convicted of a felony from being appointed as a fiduciary of an estate under the Surrogate's Court Procedure Act.

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

  • Maintains the court's authority to declare ineligible any person who lacks required qualifications due to substance abuse, dishonesty, improvidence, want of understanding, or unfitness for the office.

  • Requires the court to provide an interpreter upon request to interpret testimony for individuals who do not speak English well enough to be readily understood during fiduciary appointment proceedings.

  • 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

REFERRED TO RULES

9/16/2020

Committee Referrals

Rules9/16/2020

Full Bill Text

No bill text available