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Bill > S04999


NY S04999

NY S04999
Provides for the disqualification of a surviving spouse if the marriage is annulled or voided after the death of the spouse.


summary

Introduced
02/14/2025
In Committee
03/05/2025
Crossed Over
03/04/2025
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the estates, powers and trusts law, in relation to disqualification as a surviving spouse

AI Summary

This bill amends the New York Estates, Powers and Trusts Law to clarify and expand the circumstances under which a surviving spouse can be disqualified from inheriting or receiving benefits after their spouse's death. The key changes include explicitly allowing for disqualification if a marriage is annulled or declared void after the spouse's death, with the marriage being deemed a nullity retroactively to the moment before the spouse's death. The bill reorganizes the existing provisions and adds language to specify that decrees of annulment or nullity issued after a spouse's death can still impact inheritance rights. The bill also makes a minor language update, changing "he or she" to "they" in a provision about spousal support obligations. These modifications provide more legal clarity about when a surviving spouse may be prevented from inheriting or receiving benefits, particularly in cases involving marriages that are later determined to be invalid or where significant marital obligations were not met. The changes aim to ensure that individuals who should not benefit from a deceased spouse's estate due to legal or interpersonal circumstances are appropriately excluded.

Committee Categories

Justice

Sponsors (2)

Last Action

referred to judiciary (on 03/05/2025)

bill text


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