reglab/housing_qa huggingface dataset:
NY Est Pow & Trusts L § 12-2.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 12 - Actions by Creditors and Other Persons Against Distributees and Testamentary Beneficiaries Part 2 - Rules Governing Action to Enforce Liability 12-2.1 - Action Not Impaired by Failure of Creditor or Other Person to Present Claim to Representative as Prescribed by Law

§ 12-2.1 Action  not impaired by failure of creditor or other person  topresent claim to representative as prescribed by lawThe failure of the plaintiff to present  his  claim  to  the  personal   representative  as  prescribed  by  law  shall  not  impair his right to   maintain an action against distributees  or  testamentary  beneficiaries   under  this  article; but nothing contained herein shall extend the time   limited for the commencement of an action to enforce plaintiff's claim.
NY Est Pow & Trusts L § 12-2.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 12 - Actions by Creditors and Other Persons Against Distributees and Testamentary Beneficiaries Part 2 - Rules Governing Action to Enforce Liability 12-2.2 - Action May Be Joint or Several; Right to Implead

§ 12-2.2 Action may be joint or several; right to impleadAn action may be brought against one or more of the persons subject to   liability  under  this  article.    A  person  against whom an action is   brought may implead, pursuant to  the  provisions  of  CPLR  article  10   governing  impleader,  any person who may be liable to him for indemnity   or contribution under paragraph (b) of 12-1.3.
NY Est Pow & Trusts L § 12-2.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 12 - Actions by Creditors and Other Persons Against Distributees and Testamentary Beneficiaries Part 2 - Rules Governing Action to Enforce Liability 12-2.3 - Effect of Application to Surrogate to Sell Real Property

§ 12-2.3 Effect of application to surrogate to sell real propertyIf, during the pendency of an action to enforce a liability created by   this  article  against  a  distributee  or  devisee  of real property, a   proceeding is pending or is  subsequently  commenced  for  the  judicial   settlement  of  the  account  of the personal representative, the action   insofar as it affects any real property of the decedent shall be  stayed   until  the accounting proceeding is concluded without an application for   an order, under SCPA article 19, to dispose  of  real  property  of  the   decedent  for  the  payment of debts, funeral or administration expenses   having been made or, if made, without such an order having been granted.   If such an order is granted, the action shall be  dismissed  as  to  the   real  property  ordered  to be disposed of and the plaintiff remitted to   the enforcement of his rights against the proceeds of the real  property   held by the personal representative.  Nothing contained herein precludes   a  person  from  asserting any right he may have under this article with   respect to any other property of the decedent.
NY Est Pow & Trusts L § 12-2.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 12 - Actions by Creditors and Other Persons Against Distributees and Testamentary Beneficiaries Part 2 - Rules Governing Action to Enforce Liability 12-2.4 - Effect of Judgment

§ 12-2.4 Effect of judgmentA  judgment  recovered  in  an  action  brought  under this article is   preferred, as a lien on any  property  of  the  decedent  passing  to  a   defendant  against  whom  the  judgment  was  recovered,  to  a judgment   obtained against such defendant on his personal obligation.
NY Est Pow & Trusts L § 12-2.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 12 - Actions by Creditors and Other Persons Against Distributees and Testamentary Beneficiaries Part 2 - Rules Governing Action to Enforce Liability 12-2.5 - Title of Bona Fide Purchaser From Distributee or Testamentary Beneficiary Protected

§ 12-2.5 Title  of  bona fide purchaser from distributee or testamentarybeneficiary protectedThe entry and filing of a judgment recovered against a distributee  or   testamentary  beneficiary  in  an action brought under this article does   not affect the rights of a  prior  purchaser,  in  good  faith  and  for   valuable  consideration,  from  such  distributee  or beneficiary of any   property of the decedent  which  would  otherwise  be  subject  to  such   judgment, unless, in the case of real property, a notice of pendency had   been  filed  prior  to such purchase.   When the subsequent purchaser is   protected, the judgment is enforceable against the  judgment  debtor  to   the  extent  of the net proceeds received by him upon the disposition of   the property.
NY Est Pow & Trusts L § 13-1.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 1 - Assets of Decedent's Estate 13-1.1 - Certain Assets Considered Personal Property

§ 13-1.1 Certain assets considered personal property  (a)  For  purposes  of  the administration of an estate, the following assets of the decedent are personal property  and  together  with  every other species of personal property pass to the personal representative:  (1)  Estates for years in real property, estates from year to year and estates which were held by the decedent for the life of another person.  (2) An estate for years in real property given to an executor for  the payment of debts.  (3)  Trade fixtures which may be removed without impairing the support of the structure to which they are annexed. All other  fixtures  annexed to  land  or  structures do not pass to the personal representative, but descend to the distributees or pass to the devisees.  (4) Crops growing on the land of the  decedent  at  the  time  of  his death.  (5)  Every  kind  of  produce raised annually by labor or cultivation, except growing grass and fruit ungathered.  (6) Rent reserved to the decedent which had accrued at the time of his death.  (7) Debts secured by mortgages and moneys unpaid on contracts for  the sale of lands.
NY Est Pow & Trusts L § 13-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 1 - Assets of Decedent's Estate 13-1.2 - Assets; Debt Due From Executor to Testator; Effect of Discharge by Will

§ 13-1.2 Assets; debt due from executor to testator; effect of dischargeby willThe  designation by will of a person as executor does not operate as a   discharge or testamentary  disposition  of  any  just  claim  which  the   testator had against him, but such claim must be included as an asset of   the  estate.   The executor is liable for the value of the claim when it   becomes due, and he must apply and distribute the same in the course  of   administering  the estate.  The discharge or disposition of such a claim   or of a claim against any other person by will shall  be  treated  as  a   specific  disposition  for purposes of 13-1.3.  Nothing contained herein   precludes an executor from raising any defense to a claim by the  estate   against  him  which  would be available to any other person against whom   the estate has a claim.
NY Est Pow & Trusts L § 13-1.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 1 - Assets of Decedent's Estate 13-1.4 - Action in Supreme Court to Compromise Controversies Between Claimants to Estate Assets

§ 13-1.4 Action  in  supreme  court  to compromise controversies betweenclaimants to estate assetsAn action may  be  maintained  in  the  supreme  court  to  compromise   controversies  between  claimants  to  the  property  of  an  estate  in   accordance with and subject to the provisions of SCPA 2106.
NY Est Pow & Trusts L § 13-2.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 2 - Statute of Frauds Requirements 13-2.1 - Agreements Involving a Contract to Establish a Trust, to Make a Testamentary Provision of Any Kind, and by a Personal Representative to Answer for The

§ 13-2.1 Agreements involving a contract to establish a trust, to make a            testamentary  provision  of  any  kind,  and  by  a  personal            representative to  answer  for  the  debt  or  default  of  a            decedent, required to be in writing  (a) Every agreement, promise or undertaking is unenforceable unless it or  some  note or memorandum thereof is in writing and subscribed by the party to  be  charged  therewith,  or  by  his  lawful  agent,  if  such agreement, promise or undertaking:  (1) Is a contract to establish a trust.  (2) Is a contract to make a testamentary provision of any kind.  (3)  Is  a promise by a personal representative to answer for the debt or default of his decedent.  (b) A contract to make a joint will, or not to revoke a joint will, if executed after the effective date of this paragraph can  be  established only  by an express statement in the will that the instrument is a joint will and that the  provisions  thereof  are  intended  to  constitute  a contract between the parties.
NY Est Pow & Trusts L § 13-2.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 2 - Statute of Frauds Requirements 13-2.2 - Transfers and Mortgages of Interest in Decedents' Estates Required to Be in Writing and Recorded

§ 13-2.2 Transfers  and  mortgages  of  interest  in  decedents' estates            required to be in writing and recorded  (a) Every conveyance, assignment  or  other  transfer  of,  and  every mortgage,  security  interest  in  or  other  charge  upon the interest, situated in this state, of a person in the estate of a  decedent,  which is  situated  in  this  state,  shall  be in writing and acknowledged or proved in the manner prescribed by  the  laws  of  this  state  for  the recording  of  a conveyance of real property. Any such instrument may be recorded as hereinafter provided, and if not so  recorded,  it  is  void against  any subsequent purchaser or mortgagee of such interest, in good faith and for valuable consideration, whose conveyance  or  mortgage  is first  duly  recorded.  If  such  interest  is  entirely in the personal property of a decedent, the conveyance or mortgage may  be  recorded  in the  office  of the surrogate granting letters on such decedent's estate or, if no such letters have been granted, in the office of the surrogate having jurisdiction to grant them. If a security  interest,  subject  to article  9  of  the uniform commercial code, is created by a transaction described in this paragraph, a financing statement  shall  be  filed  as required by section 9--501 of such code. If such interest is in both the personal and the real property of a decedent, the conveyance or mortgage may be recorded in the office of such surrogate and in the office of the recording  official of the county in which the real property is situated and, if a security interest in personal property is created, a financing statement shall be filed  in  accordance  with  section  9--401  of  the uniform  commercial  code.  Such  a  conveyance  or  mortgage,  when  so recorded, shall be indexed under the name of the decedent in a  book  to be kept for that purpose by each recording officer.  (b)  Such  filing or recording shall not be notice of such conveyance, assignment or other transfer of, or mortgage, security interest or other charge upon the interest, situated in this state, of any person  in  the estate  of  a  decedent so as to charge a personal representative of the estate with liability for payment to a beneficiary of the estate, unless and until he has received actual notice of any such  transfer,  mortgage or other charge.  (c)  In  case  of a conflict between this section and article 9 of the uniform commercial code, this section controls.
NY Est Pow & Trusts L § 13-3.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 3 - Miscellaneous Provisions 13-3.1 - Rights of Payees in Non-Transferable United States Savings Bonds

§ 13-3.1 Rights  of  payees  in  non-transferable  United States savingsbondsWhere any United States  savings  bond  is  payable  to  a  designated   person,  whether as owner, co-owner or beneficiary, and such bond is not   transferable, the right of such person to receive payment  of  the  bond   according  to  its  terms,  and  the ownership of the money so received,   shall not be impaired  or  defeated  by  any  statute  or  rule  of  law   governing the transfer of property by will, gift or intestacy, except as   provided  in section 5-1.1-A; provided further that nothing herein shall   limit article 10 of the debtor and creditor law or 2-1.8.
NY Est Pow & Trusts L § 13-3.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 3 - Miscellaneous Provisions 13-3.4 - Payment or Delivery of Property to Foreign Fiduciaries

§ 13-3.4 Payment or delivery of property to foreign fiduciaries  (a)   Whenever   any  foreign  fiduciary,  by  whatever  title  he  is designated, of the property  or  estate  of  a  non-domiciliary  infant, incompetent  or  decedent  is  authorized,  by  the  laws of the foreign jurisdiction where  the  infant  or  incompetent  is  domiciled  or  the decedent  was  domiciled,  to  receive  any  personal  property  in  the possession or control of any person or fiduciary  in  this  state,  such person  or  fiduciary  may  pay  or deliver the property to such foreign fiduciary without an order of the court, and the receipt and acquittance from such foreign fiduciary is a sufficient release and discharge of the person or fiduciary paying or delivering such property. For purposes  of this  section  the  status  of  a person as an "infant" or "incompetent" shall be determined by the law of his domicile.  (b) No person or  fiduciary  shall  be  released  and  discharged,  as provided in paragraph (a), who:  (1)  Has received written notice of the appointment, in this state, of a principal or ancillary representative of the property or estate, or of the existence of creditors, in this state, of such  infant,  incompetent or decedent.  (2)  In the case of a testamentary disposition or a distributive share of a  decedent's  estate,  has  reason  to  believe  that  such  foreign fiduciary  or the persons whom he represents would not have the benefit, use or control of such disposition or distributive share.
NY Est Pow & Trusts L § 13-3.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 3 - Miscellaneous Provisions 13-3.6 - Disaffirmance of Fraudulent Acts by Personal Representative and Others

§ 13-3.6 Disaffirmance of fraudulent acts by personal representative andothersA  fiduciary may, for the benefit of creditors or others interested in   property held in trust, treat as void any act done,  or  disposition  or   agreement  made  in  fraud  of  the  rights  of  any creditor, including   himself, interested in such property,  and  a  person  who  fraudulently   receives,  takes  or  in  any  manner  interferes with the property of a   deceased or insolvent person is liable to such fiduciary or  a  receiver   for  such  property  or the value thereof, and for all damages caused by   such act to the trust estate.    A  creditor  of  a  deceased  insolvent   debtor,  having  a  claim against the estate of such debtor exceeding in   amount the sum of one hundred dollars may, without obtaining a  judgment   on  such  claim,  in  like  manner, for the benefit of himself and other   creditors interested in such property, treat as void  any  act  done  or   disposition  or  agreement  made  in  fraud  of creditors or maintain an   action to set aside such act, disposition or agreement.  Such claim,  if   disputed,  may  be  established  in  such action.   The judgment in such   action may provide for  the  sale  of  the  property  involved,  when  a   disposition  thereof  is  set aside, and for the payment of the proceeds   thereof into  the  appropriate  surrogate's  court  to  be  administered   according to law.
NY Est Pow & Trusts L § 13-4.1 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.1 - Definitions

§ 13-4.1 Definitions   As used in this part unless the context otherwise requires:  (a)  "Beneficiary  form"  means  a  registration  of  a security which indicates the present owner of the security and  the  intention  of  the owner  regarding  the  person  who will become the owner of the security upon the death of the owner.  (b) "Devisee" means any person to whom real property is transferred by will.  (c) "Distributee" means any person entitled to take or  share  in  the property  of  a  decedent  under  the  statutes  governing  descent  and distribution.  (d) "Legatee" means any person designated to  receive  a  transfer  by will of personal property.  (e)  "Person"  means  an individual, a corporation, an organization or other legal entity.  (f)  "Personal  representative"  includes   executor,   administrator, successor   personal  representative,  preliminary  executor,  temporary administrator and persons who perform substantially  the  same  function under the law governing their status.  (g)  "Property"  includes  both  real  and  personal  property  or any interest  therein  and  means  anything  that  may  be  the  subject  of ownership.  (h) "Register" including its derivatives, means to issue a certificate showing  the  ownership of a certificated security or, in the case of an uncertificated security, to initiate  or  transfer  an  account  showing ownership of securities.  (i)  "Registering entity" means a person who originates or transfers a security title  by  registration,  and  includes  a  broker  or  banking institution, as defined in paragraph (b) of subdivision three of section nine-f  of  the  banking law maintaining security accounts for customers and a transfer agent or other person acting  for  or  as  an  issuer  of securities.  (j)  "Security"  means  a  share,  participation  or other interest in property, in a business or in an obligation of an  enterprise  or  other issuer, and includes a certificated security, an uncertificated security and a security account.  (k)  "Security  account"  means  (i) a reinvestment account associated with  a  security,  a  securities  account  with  a  broker  or  banking institution, as defined in paragraph (b) of subdivision three of section nine-f  of  the  banking  law,  a cash balance in a brokerage account or securities account, cash, interest, earnings,  or  dividends  earned  or declared  on  a  security  in  an  account,  a reinvestment account or a brokerage account, whether or not credited to  the  account  before  the owner's death, or  (ii)  a cash balance or other property held for or due to the owner of a security as a replacement for  or  product  of  an  account  security, whether or not credited to the account before the owner's death.  (l)  "State"  includes any state of the United States, the District of Columbia,  the  Commonwealth  of  Puerto  Rico,  and  any  territory  or possession subject to the legislative authority of the United States.
NY Est Pow & Trusts L § 13-4.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.2 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

§  13-4.2  Registration  in  beneficiary  form;  sole  or  joint tenancyownershipOnly individuals whose registration of a security shows sole ownership   by one individual or multiple ownership by two or  more  with  right  of   survivorship,  rather than as tenants in common, may obtain registration   in beneficiary  form.  Multiple  owners  of  a  security  registered  in   beneficiary  form  hold  as joint tenants with right of survivorship, as   tenants by the entireties or as owners of  community  property  held  in   survivorship form, and not as tenants in common.
NY Est Pow & Trusts L § 13-4.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.3 - Applicable Law

§ 13-4.3 Applicable lawA  security  may  be  registered  in  beneficiary  form if the form is   authorized by this or a similar law of the state of organization of  the   issue  or  registering  entity, the location of the registering entity's   principal office, the office of its transfer agent or its office  making   the  registration,  or  by  this  or a similar statute of the law of the   state listed as the owner's address  at  the  time  of  registration.  A   registration  governed  by  the law of a jurisdiction in which this or a   similar law is not in force or was not in force when a  registration  in   beneficiary  form  was  made  is  nevertheless  presumed to be valid and   authorized as a matter of contract law.
NY Est Pow & Trusts L § 13-4.4 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.4 - Origination of Registration in Beneficiary Form

§ 13-4.4 Origination of registration in beneficiary formA security, whether evidenced by certificate or account, is registered   in  beneficiary  form  when the registration includes a designation of a   beneficiary to take the ownership at the  death  of  the  owner  or  the   deaths of all multiple owners.
NY Est Pow & Trusts L § 13-4.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.5 - Form of Registration in Beneficiary Form

§ 13-4.5 Form of registration in beneficiary formRegistration  in  beneficiary form may be shown by the words "transfer   on death" or the abbreviation "TOD", or by the words "pay on  death"  or   the  abbreviation  "POD",  after  the  name  of the registered owner and   before the name of the beneficiary.
NY Est Pow & Trusts L § 13-4.6 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.6 - Effect of Registration in Beneficiary Form

§ 13-4.6 Effect of registration in beneficiary form  (a)  The  designation  of  a  TOD  beneficiary  on  a  registration in beneficiary form has no effect on ownership until the owner's  death.  A registration  of  a  security  in  beneficiary  form  may be canceled or changed at any time by the sole  owner  or  all  then  surviving  owners without the consent of the beneficiary.  (b) A registration in beneficiary form can be revoked or amended by an express  direction in the owner's will which specifically refers to such registration.
NY Est Pow & Trusts L § 13-4.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 4 - Transfer-on-Death Security Registration 13-4.7 - Ownership on Death of Owner

§ 13-4.7 Ownership on death of ownerOn  death  of  a sole owner or the last to die of all multiple owners,   ownership of securities registered in beneficiary  form  passes  to  the   beneficiary  or  beneficiaries who survive all owners. On proof of death   of all owners and compliance with any  applicable  requirements  of  the   registering  entity,  a  security  registered in beneficiary form may be   reregistered in  the  name  of  the  beneficiary  or  beneficiaries  who   survived  the  death of all owners. Until division of the security after   the death of all owners, multiple beneficiaries surviving the  death  of   all  owners hold their interests as tenants in common. If no beneficiary   survives the death of all owners, the security belongs to the estate  of   the deceased sole owner or the estate of the last to die of all multiple   owners.