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A2833Assembly2017-2018 Session

Bar Sex Offenders From Inheritance

Official title

“Relates to distribution of a decedent's estate”

Sponsor William A. BarclayAD-120+5 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill prevents anyone convicted of a sex offense against a decedent from inheriting from that person's estate.

Why it matters

  1. Closes a legal loophole. that could allow someone convicted of sexual offenses against a deceased person to inherit from their victim, reinforcing the principle that those who harm cannot profit from their actions.

  2. Extends existing disqualification rules. (previously applied to murderers and abusers in some states) to include sex offenses, thereby broadening protections for victims even after their death.

  3. Impacts estate planning and family dynamics. by making it clear that inheritance rights can be lost due to criminal behavior against the decedent, which may affect how families approach wills, trusts, and disputes.

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Who cares

Headline styles

Bar Sex Offenders From Inheritance

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Held for consideration in judiciary
  2. Referred to judiciary
  3. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2833

2017-2018 Regular Sessions

IN ASSEMBLY

January 23, 2017

Introduced by M. of A. BARCLAY, BLANKENBUSH, FINCH, HAWLEY, McKEVITT, STEC, WALTER -- Multi-Sponsored by -- M. of A. BUTLER, CROUCH, DiPIE- TRO, McLAUGHLIN, OAKS, PALMESANO, THIELE -- read once and referred to the Committee on Judiciary

AN ACT to amend the estates, powers and trusts law, in relation to the distribution of a decedent's estate

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The estates, powers and trusts law is amended by adding a new section 4-1.7 to read as follows: § 4-1.7 Disqualification of certain persons from taking a distributive

share

(a) No distributive share in the estate of a decedent shall be allowed to a person convicted of committing or attempting to commit a sex offense defined in article one hundred thirty of the penal law where the victim was the decedent.

(b) In the event that a person is disqualified from taking a distributive share in the estate of a decedent, under this section, the estate of such decedent shall be distributed in accordance with 4-1.1 as though such person had predeceased the decedent.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06495-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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