The 2009-2010 legislative sessions were instrumental in addressing a multitude of issues affecting the practice of trusts and estates. This month’s article will examine legislation passed and vetoed by the Governor. In addition, it will discuss two recent decisions calling for legislative change in the areas of spousal rights and SCPA Article 17-A guardianships.
Signed Into Law
Simultaneous Death. On July 11, 2009, the Governor signed into law legislation amending EPTL §2-1.6 in relation to the disposition of property when persons die simultaneously. (2009 N.Y. Laws ch. 92 §1) The bill repeals the prior provisions of the law relating to simultaneous death, and replaces them with a new section which provides that unless it is established by clear and convincing evidence that an individual survived the decedent by 120 hours, then such individual shall be treated as having predeceased the decedent. With certain exceptions, if it appears that persons died simultaneously, then the property of such person is disposed of as if such persons had survived.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
