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S8057Senate2009-2010 SessionSame asA11255

Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share

Sponsor Diane J. SavinoSD-23Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

No co-sponsors yet.

History

  1. Signed chap.545
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.115
  6. Substituted for A11255
  7. Referred to judiciary
  8. Delivered to assembly
  9. Passed senateVote 61–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.819
Show 1 earlier action
  1. 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.

A11255Assembly

Establishes a two year statute of limitations in seeking relief from a default in exercising an elective share

Assembly Floor Calendar · Sponsor Daniel O'Donnell

Full text

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

Sponsor's memo

BILL NUMBER:S8057

Title of bill

An act to amend the estates, powers and trusts law, in relation to the right of election by surviving spouse

Purpose of bill

To clarify that a surviving spouse's right of election under EPTL §5-1.1-A must be exercised within two years of the deceased's spouse's death, except that a court may, in its discretion for good cause shown, extend the time for a surviving spouse to exercise such right.

Summary of provisions of bill

The bill amends subparagraphs (1) and (2) of §5-1.1-A(d) (2), to limit a surviving spouse's election to two years after the decedent's date of death. An exception would also provide that, in cases where the surviv- ing spouse demonstrates good cause, the court in its discretion may extend such date beyond the two year limitation.

Justification

EPTL §5-1.1-A gives a surviving spouse a "right of election" against the estate of a predeceased spouse. Specifically, a surviving spouse may elect to take an "elective share" of the deceased spouse's estate, rath- er than accept what was left to him or her under the decedent's will. That elective share, as defined in EPTL §5-1.1-A(a) (2), is an amount equal to the greater of $50,000 or one-third of the net estate.

Subdivision (d) of §5-1.1-A sets forth the procedure for a surviving spouse to exercise that right of election. Subdivision (1) requires the election to be made within six months of the date of issuance of letters testamentary or administration, but in no event later than two years after the date of decedent's death. Subdivision (2) allows a Surrogate's Court to extend the time to make such election. However, questions have arisen as to whether that extension of time may be granted beyond more than two years from the decedent's date of death. The bill would amend subdivisions (1) and (2) to cap the permitted extension of time to two years from the decedent's date of death, unless the court extends that time period for good cause shown.

Legislative history

New Bill, 2010.

Fiscal implications for state and local governments

None.

Effective date

January 1st next succeeding the date it shall have become a law.

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