What's happening
This bill amends the law to allow posthumous annulments or declarations of nullity to disqualify a surviving spouse from inheritance.
Why it matters
Allows courts to retroactively declare a marriage invalid (via annulment or nullity) even after one spouse has died. , meaning a surviving spouse could lose inheritance rights if such a judgment is entered posthumously.
Addresses situations where evidence of fraud, coercion, or other grounds for annulment only comes to light after death. , potentially protecting the deceased’s estate from claims by a spouse who may not have had a valid marriage.
Could impact ongoing or future inheritance disputes. by making it possible for heirs or interested parties to challenge a surviving spouse’s right to inherit, even after the decedent’s passing, which may change how estates are settled in contested marriages.
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Who cares
Headline styles
Change Spouse Inheritance Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Update Spouse Inheritance Rules
In Assembly Committee · Judiciary · Sponsor Edward Braunstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3345
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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.
LBD02685-01-9
S. 3345 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.
Sponsor's memo
Title of bill
An act to amend the estates, powers and trusts law, in relation to disqualification as a surviving spouse
Purpose or general idea of bill
The purpose of the bill is to permit the disqualification of a spouse to take a share of a decedent's estate if there is an annulment of the marriage before or after the death of the decedent.
Summary of specific provisions
Section 1. Section 5-1.2 of the Estates, Powers and Trust Law is amended as follows: A final decree or judgment of annulment or declaring the nullity of a void marriage or dissolving such marriage, is issued before or after the deceased spouse died. In the event any such decree or judg- ment is issued after the deceased spouse died, the marriage shall be deemed a nullity immediately prior to the death of such spouse.
Justification
New York State's Estates, Power and Trust Law, EPTL, permits a surviving spouse with a right of election to take a share of the decedent's estate as long as the parties were married on the date of the decedent's death. Thus, a husband or wife is a surviving spouse unless it can be estab- lished satisfactorily to the court that any grounds for disqualification within EPTL are present including, among others, final decree or judg- ment of divorce, annulment or other formal declaration of the nullity of a marriage at the time of the decedents death.
Currently, under the New York's Domestic Relations Law a marriage in New York can be annulled post-death. However, this post-death status has no effect on the right of a spouse to take an elective share of decedent's assets because NYS EPTL 5-1.2 specifies that it is the marital status of the parties at the time of the decedent death that controls in New York.
Hence, several recent court decisions have highlighted a specific type of elder abuse where a person takes unfair advantage of an individual who lacks the capacity to enter into a marriage or otherwise utilizes fraud and undue influence to secretly marry the individual for the purpose of obtaining a portion of his or her estate at the expense of the intended heirs. If they are married at the time of the decedents death, none of the grounds for disqualification under the existing EPTL statute 5-1.2 exist, and the surviving "spouse" is entitled to his or her elective share under EPTL 5-1.1 unless the court intervenes for equitable reasons or the court determines the statute ordains the protection of fraud. Yet, some courts have been reluctant to do this in light of the present unambiguous and strict statutory language.
This legislation focuses on the disqualification ground concerning a final decree of annulment or other formal declaration of the nullity of a marriage which exists at the time of the decedent's death. It would make the EPTL statute compatible with the remedial actions authorized under the Domestic Relations Law, permitting the disqualification of a
spouse on the annulment of the marriage before or after the death of the decedent.
Prior legislative history
2018: S.6640 (Bonacic) - Died in Judiciary 2017: S.6640 (Bonacic) - Died in Rules
Fiscal impact
None to State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.