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A7132Assembly2009-2010 SessionSame asS3528

Relates to the renunciation of property interests

Sponsor Charles LavineAD-13Affects Legal
Status
Assembly Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via S3528

What's happening

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Who cares

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Sponsors

Primary sponsor
Charles Lavine

Assembly Member · Assembly District 13

Chair, Judiciary

No co-sponsors yet.

History

  1. Substituted by S3528A
  2. Ordered to third reading cal.475
  3. Returned to assembly
  4. Died in senate
  5. Committed to rules
  6. Returned to senate
  7. Repassed assembly
  8. Amended on third reading 7132a
  9. Vote reconsidered - restored to third reading
  10. Returned to assembly
  11. Recommitted to judiciary
  12. Substitution reconsidered
Show 9 earlier actions
  1. Recalled from senate
  2. 3rd reading cal.357
  3. Substituted for S3528
  4. Referred to judiciary
  5. Delivered to senate
  6. Passed assembly
  7. Advanced to third reading cal.626
  8. Reported
  9. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3528Senate

Relates to the renunciation of property interests

Signed by Governor · Sponsor John L. Sampson

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A7132A

Title of bill

An act to amend the estates, powers and trusts law, the general obligations law and the mental hygiene law, in relation to the renunciation of property interests

Purpose of bill

This bill is proposed to revise certain provisions of Section 2-1.11 of the Estates, Powers and Trusts Law pertaining to the renunciation of property interests to make New York practice in this area more consistent with federal tax law.

This bill is a revised version of a bill provided by the Trusts & Estates Law Section of the New York State Bar Association. The previous version was vetoed due to the inclusion of provisions allowing trustees to divert the receipt of funds from individuals receiving benefits from means tested programs such as Medicaid (See Veto Memo. 155 of 2008). Such provisions have been removed from this bill.

Justification

This bill seeks to revise certain provisions of the Estates, Powers and Trusts Law Section 2-1.11 to improve the ability of practitioners to meet its requirements along with those of the federal tax disclaimer act found in the Internal Revenue Code Section 2518. It is of concern that practitioners have often thought that compliance with the provisions of the New York State renunciation statute meant compli- ance with federal requirements as well. Unfortunately, this is not always the case.

In response, this legislation relocates the compliance warning from the end of the statute to a position where it is difficult to overlook. Parties seeking to renounce under New York law are clearly warned that compliance with the provisions of the New York renunciation statute will not be sufficient under all circumstances to qualify as a disclaimer for federal tax purposes. The proposed legislation also attempts to resolve certain inconsistencies between the two statutes with a goal of making compliance easier under both rules.

Legislative history

New bill, 2009.

Fiscal implications for state and local governments

None.

Effective date

On the first of January next succeeding the date on which it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.