N.Y. EPT Law § 2-1.6 — New York Code / Act EPT / Article 2 / Part 1 / Section 2-1.6
Disposition of property where a person dies within one hundred
Status: in_force

§ 2-1.6 Disposition of property where a person dies within one hundred\n          twenty hours of another person or any other event\n  (a) Except as provided in paragraph (b) of this section:\n  (1) Where, under articles 4 and 5 of this chapter, the title to\nproperty or the devolution of property depends upon an individual's\nsurvivorship of the death of another individual, an individual who is\nnot established by clear and convincing evidence to have survived the\nother individual by one hundred twenty hours is deemed to have\npredeceased the other individual.\n  (2) For purposes of a provision of a governing instrument that relates\nto an individual surviving an event, including the death of another\nindividual, an individual who is not established by clear and convincing\nevidence to have survived the event by one hundred twenty hours is\ndeemed to have predeceased the event.\n  (3) Where a disposition of property under a governing instrument (i)\ndepends upon the time of death of two or more beneficiaries designated\nto take alternatively by reason of surviving an event, including the\ndeath of another individual, and (ii) it is not established by clear and\nconvincing evidence that such beneficiaries have survived the event by\none hundred twenty hours, the property thus disposed of shall be divided\ninto as many equal portions as there are alternative beneficiaries and\nsuch portions shall be distributed respectively to those who would have\ntaken the whole property in the event that the designated beneficiary\nthrough whom they take had survived.\n  (4) Where it is not established by clear and convincing evidence that\none of two co-owners with right of survivorship survived the other\nco-owner by one hundred twenty hours, one-half of the property passes as\nif one had survived by one hundred twenty hours and one-half as if the\nother had survived by one hundred twenty hours. Where there are more\nthan two co-owners and it is not established by clear and convincing\nevidence that at least one of them survived the others by one hundred\ntwenty hours, the property passes in the proportion that one bears to\nthe whole number of co-owners.\n  (b) The survival requirements of paragraph (a) of this section shall\nnot apply if:\n  (1) The governing instrument contains language dealing explicitly with\nsimultaneous deaths or deaths in a common disaster and that language is\noperable under the facts of the case.\n  (2) The governing instrument expressly indicates that an individual is\nnot required to survive an event, including the death of another\nindividual, by any specified period or expressly requires the individual\nto survive the event for a specified period. However, survival of the\nevent or the specified period must be established by clear and\nconvincing evidence.\n  (3) The imposition of a one hundred twenty-hour requirement of\nsurvival would cause a nonvested property interest or a power of\nappointment to be invalid under section 9-1.1 of this chapter. However,\nsurvival must be established by clear and convincing evidence.\n  (4) The application of a one hundred twenty-hour requirement of\nsurvival to multiple governing instruments would result in an unintended\nfailure or duplication of a disposition. However, survival must be\nestablished by clear and convincing evidence.\n  (5) Its application would result in a taking of the intestate estate\nby the state.\n  (6) The surviving spouse exercised the right of election under section\n5-1.1-A of this chapter, but died less than one hundred twenty hours\nafter the death of the deceased spouse.\n  (c) For purposes of this section, "governing instrument" means a deed,\nwill, trust, insurance or annuity policy, bank account in trust form,\nsecurity registration in beneficiary form (TOD), pension,\nprofit-sharing, retirement, or similar benefit plan, instrument creating\nor exercising a power of appointment or a power of attorney, or a\ndispositive, appointive, or nominative instrument of any similar type.\n