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Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to judiciary
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the estates, powers and trusts law, in relation to the disposition of property when persons die simultaneously and to repeal section 2-1.6 of such law relating thereto
Purpose
The bill repeals EPTL Section 2-1.6, which is presently based on actual simultaneous death, and replaces it with language which treats the death of a relevant person within 120 hours of the decedent as predeceasing the decedent.
Summary of provisions
The bill repeals the current Section 2-1.6 of the EPTL which directs how the disposition of certain interests in property will occur when two persons appear to have died simultaneously. The bill enacts a new Section 2-1.6, relating to similar situations, but provides that the individuals will be presumed to have died simultaneously unless it is established by clear and convincing evidence that the survivor survived the other individual by at least 120 hours.
Justification
Presently, EPTL Section 2-1.6 sets forth certain rules for the disposition of property when there is no evidence that persons have died otherwise than simultaneously. If it appears that persons have died simultaneously, then the property of each person is disposed of as if he had survived, with certain exceptions. For instance, when a provision in a will depends on the time of death of two or more beneficiaries, and there is no evidence that they died otherwise than simultaneously, the property is divided into equal portions for each of them. When two joint tenants or tenants by the entirety die simultaneously, the property is distributed one-half to each of their heirs. The bill enacts the 1993 version of the Uniform Simultaneous Death Act. This version is based upon an individual surviving the death of an individual by 120 hours. Unless it is established by clear and convincing evidence that an individual survived the death of another individual by 120 hours, that individual is deemed to have predeceased the other individual.
Legislative history
2005-06: S.2149 2007-08: S.788-A
Fiscal implications
None.
Effective date
Immediately with certain enumerated exceptions relating to actions and proceedings which have already commenced at the time of the effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.