What's happening
This bill expands and clarifies the circumstances under which a person is disqualified from being considered a surviving spouse for inheritance purposes.
Why it matters
Allows annulments or judgments declaring a marriage void to disqualify a surviving spouse from inheritance, even if these judgments are issued after the decedent’s death. This means courts can retroactively treat the marriage as invalid for inheritance purposes if such a judgment is made posthumously.
Clarifies that marriages found to be incestuous, bigamous, or otherwise invalid under New York law disqualify a person from being a surviving spouse, strengthening protections against fraudulent or unlawful claims to estates.
Expands the legal tools available to families or other interested parties to challenge a surviving spouse’s inheritance rights, potentially increasing litigation but also providing more avenues to prevent unjust enrichment.
May affect estate planning and probate proceedings, as the timing and recognition of marital dissolution (including posthumous decrees) now have more direct consequences on who inherits, impacting both spouses and their potential heirs.
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Who cares
Headline styles
Clarify Spouse Disqualification Rules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.1008
- Reported
- Referred to judiciary
- 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.
Clarify Spousal Inheritance Rules
In Senate Committee · Judiciary · Sponsor John J. Bonacic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8325
2017-2018 Regular Sessions
IN ASSEMBLY
June 8, 2017
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to disqualification as a surviving spouse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5-1.2 of the estates, powers and trusts law, the opening paragraph of paragraph (a) as amended by chapter 515 of the laws of 1993, subparagraph 6 of paragraph (a) as amended by chapter 300 of the laws of 1981, is amended to read as follows: § 5-1.2 Disqualification as surviving spouse
(a) A husband or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or proceeding that:
(1) A final decree or judgment of divorce, [of annulment or declaring the nullity of a marriage or dissolving such marriage on the ground of absence,] recognized as valid under the law of this state, was in effect when the deceased spouse died.
(2) A final decree or judgment of annulment or declaring the nullity of a void marriage or dissolving such marriage, recognized as valid under the law of this state, is issued before or after the deceased spouse died. For the purposes of this section, in the event any such decree or judgment is issued after the deceased spouse died, the marriage shall be deemed a nullity immediately prior to the death of such spouse.
(3) The marriage was void as incestuous under section five of the domestic relations law, bigamous under section six thereof, or a prohibited remarriage under section eight thereof.
[(3)] (4) The spouse had procured outside of this state a final decree or judgment of divorce from the deceased spouse, of annulment or declar-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11994-01-7
A. 8325 2
ing the nullity of the marriage with the deceased spouse or dissolving such marriage on the ground of absence, not recognized as valid under the law of this state.
[(4)] (5) A final decree or judgment of separation, recognized as valid under the law of this state, was rendered against the spouse, and such decree or judgment was in effect when the deceased spouse died.
[(5)] (6) The spouse abandoned the deceased spouse, and such abandonment continued until the time of death.
[(6)] (7) A spouse who, having the duty to support the other spouse, failed or refused to provide for such spouse though he or she had the means or ability to do so, unless such marital duty was resumed and continued until the death of the spouse having the need of support.
§ 2. This act shall take effect immediately.
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.