What's happening
This bill amends the definition of "surviving spouse" to clarify disqualification in cases of annulled or void marriages, including judgments issued after death.
Why it matters
Clarifies when a spouse is disqualified from inheritance. The bill specifically addresses cases where a marriage has been annulled or declared void, ensuring that individuals whose marriages are legally nullified—either before or after the other spouse’s death—are not considered “surviving spouses” for inheritance purposes.
Addresses posthumous annulments. It introduces language that if a court issues an annulment or nullity judgment after a spouse’s death, the marriage is treated as never having existed for the purposes of inheritance, immediately prior to the deceased’s passing. This closes a potential loophole where a person could otherwise inherit despite a marriage being later declared invalid.
Provides greater legal certainty for estates. By clarifying these scenarios, the amended law gives courts, heirs, and estate administrators clearer guidance and reduces ambiguity or disputes over who qualifies as a surviving spouse, especially in complex family situations or contested estates.
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Who cares
Headline styles
Update Spouse Inheritance Rules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
History
- 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.
Change Spouse Inheritance Rules
In Senate Committee · Judiciary · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
248
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BRAUNSTEIN, STIRPE, CARROLL, WILLIAMS, MONTESANO, D'URSO, COOK, GALEF, PALUMBO -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02685-01-9
A. 248 2
[(3)] (4) The spouse had procured outside of this state a final decree or judgment of divorce from the deceased spouse, of annulment or declaring 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.