reglab/statecodes huggingface dataset:
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 5 - Family Rights › Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent › 5-4.2 - Trial and Burden of Proof of Contributory Negligence

§ 5-4.2 Trial and burden of proof of contributory negligence
On  the  trial  of an action accruing before September first, nineteen
  hundred  seventy-five  to  recover  damages  for   causing   death   the
  contributory  negligence  of  the  decedent  shall  be  a defense, to be
  pleaded and proved by the defendant.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 5 - Family Rights › Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent › 5-4.3 - Amount of Recovery

§ 5-4.3 Amount of recovery
(a)  The  damages awarded to the plaintiff may be such sum as the jury
or, where issues of fact are tried without a jury, the court or  referee
deems  to  be  fair  and  just  compensation  for the pecuniary injuries
resulting from the decedent's death to the persons for whose benefit the
action is brought.   In every such action,  in  addition  to  any  other
lawful  element  of  recoverable  damages,  the  reasonable  expenses of
medical aid, nursing and attention incident to the injury causing  death
and  the  reasonable  funeral  expenses  of  the  decedent  paid  by the
distributees,  or  for  the  payment  of  which   any   distributee   is
responsible, shall also be proper elements of damage.  Interest upon the
principal sum recovered by the plaintiff from the date of the decedent's
death shall be added to and be a part of the total sum awarded.
(b)  Where  the  death  of  the  decedent occurs on or after September
first, nineteen hundred eighty-two, in addition to damages and  expenses
recoverable  under  paragraph (a) above, punitive damages may be awarded
if such damages would have been recoverable had the decedent survived.
(c) (i) In any  action  in  which  the  wrongful  conduct  is  medical
malpractice  or  dental  malpractice,  evidence  shall  be admissible to
establish the federal, state and local personal income taxes  which  the
decedent would have been obligated by law to pay.
(ii) In any such action tried by  a jury, the court shall instruct the
jury  to consider the amount of federal, state and local personal income
taxes which the jury finds, with reasonable certainty, that the decedent
would have been obligated by law to pay  in  determining  the  sum  that
would  otherwise  be  available  for the support of persons for whom the
action is brought.
(iii) In any such  action  tried  without  a  jury,  the  court  shall
consider  the  amount  of federal, state and local personal income taxes
which the court finds, with  reasonable  certainty,  that  the  decedent
would  have  been  obligated  by  law to pay in determining the sum that
would otherwise be available for the support of  persons  for  whom  the
action is   brought.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 5 - Family Rights › Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent › 5-4.4 - Distribution of Damages Recovered

§ 5-4.4 Distribution of damages recovered
(a)  The  damages,  as  prescribed  by  5-4.3, whether recovered in an
action or by settlement without  an  action,  are  exclusively  for  the
benefit  of  the  decedent's  distributees and, when collected, shall be
distributed to the persons  entitled  thereto  under  4-1.1  and  5-4.5,
except  that where the decedent is survived by a parent or parents and a
spouse and no issue,  the  parent  or  parents  will  be  deemed  to  be
distributees  for  purposes  of  this  section.  The  damages  shall  be
distributed subject to the following:
(1)  Such damages shall be distributed by the personal  representative
to  the persons entitled thereto in proportion to the pecuniary injuries
suffered by them, such proportions to be determined after a hearing,  on
application  of  the personal representative or any distributee, at such
time and on notice to all interested persons in such manner as the court
may direct.  If no action is brought, such determination shall  be  made
by  the  surrogate  of  the  county  in which letters were issued to the
plaintiff; if an action is brought, by the court having jurisdiction  of
the  action  or  by  the  surrogate  of the county in which letters were
issued.
(2)   The court which determines  the  proportions  of  the  pecuniary
injuries  suffered by the distributees, as provided in subparagraph (1),
shall also decide any question  concerning  the  disqualification  of  a
parent, under 4-1.4, or a surviving spouse, under 5-1.2, to share in the
damages recovered.
(b)    The  reasonable  expenses  of  the action or settlement and, if
included in the damages recovered, the reasonable  expenses  of  medical
aid,  nursing and attention incident to the injury causing death and the
reasonable funeral expenses of the decedent may be fixed  by  the  court
which  determines  the proportions of the pecuniary injuries suffered by
the distributees, as provided in subparagraph (1), upon notice given  in
such  manner  and  to  such  persons  as  the court may direct, and such
expenses may be deducted from the damages recovered.  The commissions of
the personal representative  upon  the  residue  may  be  fixed  by  the
surrogate,  upon  notice given in such manner and to such persons as the
surrogate may direct or upon the judicial settlement of the  account  of
the  personal  representative, and such commissions may be deducted from
the damages recovered.
(c)  In the event that an action is brought,  as  authorized  in  this
part, and there is no recovery or settlement, the reasonable expenses of
such  unsuccessful  action, excluding counsel fees, shall be payable out
of the assets of the decedent's estate.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 5 - Family Rights › Part 4 - Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent › 5-4.5 - Non-Marital Children

§ 5-4.5 Non-marital children
For  the purposes of this part, a non-marital child is the distributee
  of his father and paternal kindred and the father and  paternal  kindred
  of  a  non-marital  child  are  that  child's distributees to the extent
  permitted by 4-1.2.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 1 - Estates Classified as to Duration › 6-1.1 - Estates Classified

§ 6-1.1 Estates classified
(a)  Estates in property as to duration are classified as follows:
(1)  Fee simple absolute.
(2)  Fee on condition.
(3)  Fee on limitation.
(4)  Estates for life.
(5)  Estates for years.
(6)  Estates from period to period.
(7)  Estates at will.
(8)  Estates by sufferance.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 1 - Estates Classified as to Duration › 6-1.2 - Estates Tail Abolished; Future Estates Limited Thereon

§ 6-1.2 Estates tail abolished; future estates limited thereon
Estates  tail  have  been abolished, and every estate which would be a
  fee tail, according to the law of this state as it  existed  before  the
  twelfth  day  of  July,  seventeen  hundred  eighty-two,  shall be a fee
  simple; and if no valid future estate is limited thereon, a  fee  simple
  absolute.    Where a future estate in fee is limited on any estate which
  would be a fee tail, according to the law of this state  as  it  existed
  previous  to  such  date,  such  future  estate  is  valid  and vests in
  possession on the death of the first taker without issue living  at  the
  time of his death.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 1 - Estates Classified as to Duration › 6-1.3 - When Estate for Life of Third Person Is Real Property; When Personal Property

§ 6-1.3 When  estate  for  life  of  third person is real property; when
personal property
A disposition of real property for the life of a third person, whether
  limited to heirs or otherwise, is real property only during the life  of
  the grantee or devisee; after his death it is personal property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 2 - Estates Classified as to Number of Persons › 6-2.1 - Estates in Severalty, Joint Tenancy, Tenancy by the Entirety and in Common

§ 6-2.1 Estates in severalty, joint tenancy, tenancy by the entirety and
in common
Estates  as  to  the  number of persons owning an interest therein are
classified as follows:
(1)  In severalty.
(2)  Joint tenancy.
(3)  Tenancy in common.
(4) Only as to real property and, on and after January first, nineteen
hundred ninety-six, as to the shares of stock of a cooperative apartment
corporation  allocated  to  an  apartment  or  unit  together  with  the
appurtenant proprietary lease, tenancy by the entirety.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 2 - Estates Classified as to Number of Persons › 6-2.2 - When Estate Is in Common, in Joint Tenancy or by the Entirety

§ 6-2.2 When estate is in common, in joint tenancy or by the entirety
(a) A disposition of property to two or more persons creates in them a
tenancy in common, unless expressly declared to be a joint tenancy.
(b)  A  disposition  of real property to a husband and wife creates in
them a tenancy by the entirety, unless expressly declared to be a  joint
tenancy or a tenancy in common.
(c)  A  disposition  on  or  after  January  first,  nineteen  hundred
ninety-six of the shares of stock of a cooperative apartment corporation
allocated  to  an  apartment  or  unit  together  with  the  appurtenant
proprietary lease to a husband and wife creates in them a tenancy by the
entirety,  unless  expressly declared to be a joint tenancy or a tenancy
in the common.
(d) A disposition of real property,  or  a  disposition  on  or  after
January  first,  nineteen hundred ninety-six of the shares of stock of a
cooperative apartment corporation allocated  to  an  apartment  or  unit
together  with the appurtenant proprietary lease, to persons who are not
legally married to one another but who are described in the  disposition
as husband and wife, spouses, husbands, or wives creates in them a joint
tenancy, unless expressly declared to be a tenancy in common.
(e)  A  disposition  of  property to two or more persons as executors,
trustees or guardians creates in them a joint tenancy.
(f) Property passing in intestacy to two or more persons is  taken  by
them as tenants in common.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 3 - Estates Classified as to Time of Enjoyment and Creation › 6-3.1 - Estates in Possession and Future Estates

§ 6-3.1 Estates in possession and future estates
Estates in property, as to the time of their enjoyment, are classified
  as estates in possession and future estates.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 3 - Estates Classified as to Time of Enjoyment and Creation › 6-3.2 - Kinds of Future Estates

§ 6-3.2 Kinds of future estates
(a)  Future estates are divided into:
(1)  Estates left in the creator, consisting of:
(A)  Reversions.
(B)  Possibilities of reverter.
(C)  Rights of reacquisition.
(2)    Estates  in  favor  of  a person other than the creator, namely
remainders, that are:
(A)  Indefeasibly vested.
(B)  Vested subject to open.
(C)  Vested subject to complete defeasance.
(D)  Subject to a condition precedent.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 3 - Estates Classified as to Time of Enjoyment and Creation › 6-3.3 - Concerning the Creation of Certain Future Estates

§ 6-3.3 Concerning the creation of certain future estates
(a) Subject to the provisions of article 9:
(1) An estate may be created to commence at a future time.
(2)  An estate for life may be created in a term of years and a future
estate limited thereon.
(3) A future estate may be limited after a  term  of  years,  provided
that,  if  such  future  estate is subject to a condition precedent, the
condition must occur within the period prescribed by article 9.
(4) A fee or a lesser estate may be limited on a  fee,  subject  to  a
condition  precedent  which  must  occur within the period prescribed by
article 9.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 3 - Estates Classified as to Time of Enjoyment and Creation › 6-3.4 - When Future Estates Are Created

§ 6-3.4 When future estates are created
A  future  estate  is created when the disposition creating it becomes
  legally effective.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.1 - Definition of an Estate in Possession

§ 6-4.1 Definition of an estate in possession
An  estate  in possession is an estate which entitles the owner to the
  immediate possession of property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.2 - Definition of a Future Estate

§ 6-4.2 Definition of a future estate
A  future  estate  is an estate limited to commence in possession at a
  future time, either without the intervention of a precedent estate or on
  the determination, by lapse of time or otherwise, of a precedent  estate
  created at the same time.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.3 - Definition of a Remainder

§ 6-4.3 Definition of a remainder
A  remainder is a future estate, as defined in 6-4.2, created in favor
  of a person other than the creator.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.4 - Definition of a Reversion

§ 6-4.4 Definition of a reversion
A reversion is the future estate, other than a possibility of reverter
  and  a  right of reacquisition, left in the creator or in his successors
  in interest upon the simultaneous creation of one or more lesser estates
  than the creator originally owned.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.5 - Definition of a Possibility of Reverter

§ 6-4.5 Definition of a possibility of reverter
A  possibility of reverter is the future estate left in the creator or
  in his successors in interest  upon  the  simultaneous  creation  of  an
  estate that will terminate automatically within a period of time defined
  by the occurrence of a specified event.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.6 - Definition of a Right of Reacquisition

§ 6-4.6 Definition of a right of reacquisition
A  right  of reacquisition is the future estate left in the creator or
  in his successors in interest  upon  the  simultaneous  creation  of  an
  estate on a condition subsequent.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.7 - Definition of a Future Estate Indefeasibly Vested

§ 6-4.7 Definition of a future estate indefeasibly vested
A  future  estate indefeasibly vested is an estate created in favor of
  one or more ascertained persons in being which is certain  when  created
  to  become  an  estate  in possession whenever and however the preceding
  estates end and which can in no way be defeated or abridged.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.8 - Definition of a Future Estate Vested Subject to Open

§ 6-4.8 Definition of a future estate vested subject to open
A  future  estate vested subject to open is an estate created in favor
  of a class of persons, one or more of whom are ascertained and in being,
  which is certain when created to become an estate in possession whenever
  and however the preceding estates end, and is subject to  diminution  by
  reason of another person becoming entitled to share therein.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.9 - Definition of a Future Estate Vested Subject to Complete Defeasance

§ 6-4.9 Definition  of  a  future  estate  vested  subject  to  complete
defeasance
A future estate vested subject to complete  defeasance  is  an  estate
  created  in  favor  of  one  or more ascertained persons in being, which
  would become  an  estate  in  possession  upon  the  expiration  of  the
  preceding  estates,  but may end or may be terminated as provided by the
  creator at, before or after the expiration of such preceding estates.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 4 - Estates Defined › 6-4.10 - Definition of a Future Estate Subject to a Condition Precedent

§ 6-4.10 Definition of a future estate subject to a condition precedent
A  future estate subject to a condition precedent is an estate created
  in favor of one or more unborn or unascertained persons or in  favor  of
  one  or  more  presently ascertainable persons upon the occurrence of an
  uncertain event.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.1 - Characteristics of Future Estates

§ 6-5.1 Characteristics of future estates
Future  estates  are descendible, devisable and alienable, in the same
  manner as estates in possession.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.2 - Power of Appointment Not to Prevent Vesting

§ 6-5.2 Power of appointment not to prevent vesting
The  existence  of an unexecuted power of appointment does not prevent
  the vesting of a future estate, limited in default of the  execution  of
  the power.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.3 - Future Estates in the Alternative

§ 6-5.3 Future estates in the alternative
Two  or  more  future  estates  may  be  created to take effect in the
  alternative, so that if the first in order fails to vest,  the  next  in
  succession is substituted for it and takes effect accordingly.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.4 - Implication of Cross Remainders Between Tenants in Common

§ 6-5.4 Implication of cross remainders between tenants in common
When  a  limitation, if contained in a will, would create a tenancy in
  common, with implied cross remainders, a like limitation,  if  contained
  in a deed, has the same effect.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.5 - Future Estate Valid Though Contingency Improbable

§ 6-5.5 Future estate valid though contingency improbable
A  future  estate, otherwise valid, shall not be void on the ground of
  the improbability of the contingency on which  it  is  limited  to  take
  effect.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.6 - Meaning of Heirs, Distributees and Issue in Certain Remainders

§ 6-5.6 Meaning of heirs, distributees and issue in certain remainders
When  a remainder is limited to take effect on the death of any person
  without heirs, heirs of  the  body,  distributees  or  issue,  the  word
  "heirs",  "heirs  of  the  body",  "distributees"  or  "issue" mean such
  persons living at the death of the person named as ancestor.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.7 - Posthumous Children

§ 6-5.7 Posthumous children
(a)  Where a future estate is limited to children, distributees, heirs
or issue, posthumous children are entitled to take in the same manner as
if living at the death of their ancestors.
(b)    A  future estate conditioned upon the death of a person without
children, distributees, heirs or issue is defeated by  the  birth  of  a
child conceived before but born alive after the death of such person.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.8 - Heirs or Distributees of Life Tenant Take as Purchasers

§ 6-5.8 Heirs or distributees of life tenant take as purchasers
When  a  remainder  is  limited  to  the  heirs,  heirs of the body or
  distributees of a person to whom a life estate in the same  property  is
  given,  the  persons who, on the termination of the life estate, are the
  heirs, heirs of the body or distributees of  the  life  tenant  take  as
  purchasers.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.9 - Heirs or Distributees of Creator Take as Purchasers

§ 6-5.9 Heirs or distributees of creator take as purchasers
Where  a  remainder  is  limited  to  the heirs or distributees of the
  creator of an estate in property, such heirs  or  distributees  take  as
  purchasers.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.10 - When Future Estates Are Defeated

§ 6-5.10 When future estates are defeated
A  future  estate  cannot  be defeated or barred by any disposition or
  other act of the owner of the precedent estate, nor by  the  destruction
  of  such precedent estate by disseizen, forfeiture, surrender, merger or
  otherwise; but a future estate may be defeated in any manner  which  the
  creator has provided.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.11 - Non-Destructibility of Remainders Subject to a Condition Precedent

§ 6-5.11 Non-destructibility   of  remainders  subject  to  a  condition
precedent
A remainder is not defeated by the determination of a precedent estate
  before the occurrence of the condition precedent on which the  remainder
  was  limited  to take effect.   If such condition precedent subsequently
  occurs, the remainder takes effect in the same manner and  to  the  same
  extent as if the precedent estate had continued.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 5 - Rules Governing Future Estates › 6-5.12 - Future Rents and Profits Subject to Rules Governing Future Estates

§ 6-5.12 Future  rents  and  profits  subject  to rules governing future
estates
A disposition of the rents, profits  or  other  income  from  property
  accruing  at  any  time  subsequent  to  the execution of the instrument
  creating such disposition is  subject  to  the  rules  governing  future
  estates in property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.1 - Application

§ 6-6.1 Application
This  part  applies to the disposition at death by a married person of
  all or the proportionate part of any personal property wherever situated
  which was acquired as or became, and remained, community property  under
  the  laws  of  another  jurisdiction, and any personal property wherever
  situated and real property situated in this  state  which  was  acquired
  with  the  rents, issues or income of, the proceeds from, or in exchange
  for, property acquired as  or  which  became,  and  remained,  community
  property  under  the laws of another jurisdiction, or property traceable
  to that community property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.2 - Rebuttable Presumptions

§ 6-6.2 Rebuttable presumptions
In determining whether this part applies to specific property acquired
during  a marriage by a spouse of that marriage the following rebuttable
presumptions apply:
(a)  Property acquired while domiciled in a jurisdiction  under  whose
laws  property  could then be acquired as community property is presumed
to have been acquired as or have become, and remained, property to which
this part applies; and
(b)  Property acquired while domiciled in a jurisdiction  under  whose
laws property could not then be acquired as community property, title to
which  was  taken  in  a  form  which created rights of survivorship, is
presumed not to be property to which this part applies.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.3 - Disposition Upon Death

§ 6-6.3 Disposition upon death
Upon  the death of a married person, one-half of the property to which
  this part applies is the property of the surviving  spouse  and  is  not
  subject  to  testamentary disposition by the decedent nor to the laws of
  descent and distribution. One-half of that property is the  property  of
  the  decedent and is subject to testamentary disposition by the decedent
  or the law of descent and distribution.  With  respect  to  property  to
  which  this  part  applies,  the  one-half  of the property which is the
  property of the decedent is not subject to the surviving spouse's  right
  to elect against the will.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.4 - Perfection of Title

§ 6-6.4 Perfection of title
(a)  If  the title to any property to which this part applies was held
by the decedent at the time of death, title of the surviving spouse  may
be  perfected  by  an order of the surrogate's court having jurisdiction
over the decedent's estate or by  execution  of  an  instrument  by  the
personal   representative   or   the   testamentary   beneficiaries   or
distributees of the decedent with the approval of the  court,  upon  due
notice to all persons who would be required to be served with process in
a  proceeding  under  section  twenty-two hundred ten of the surrogate's
court procedure act. Neither the personal representative nor  the  court
has  a  duty to discover or attempt to discover whether property held by
the decedent is property to which this part applies,  unless  a  written
demand  is  made  by  the  surviving spouse or the spouse's successor in
interest.
(b) If the title to any property to which this part applies is held by
the surviving spouse at the time of the decedent's death,  the  personal
representative  or  a  testamentary  beneficiary  or  distributee of the
decedent may institute an action to perfect title to the  property.  The
personal  representative has no fiduciary duty to discover or attempt to
discover whether any property held by the surviving spouse  is  property
to  which  this  part  applies,  unless  a  written  demand is made by a
testamentary beneficiary, distributee or creditor of the decedent.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.5 - Purchaser for Value or Lender

§ 6-6.5 Purchaser for value or lender
(a) If a surviving spouse has apparent title to property to which this
part  applies,  a  purchaser  for  value  or  a lender taking a security
interest in the property takes his interest in the property free of  any
rights  of  the personal representative or a testamentary beneficiary or
distributee of the decedent.
(b) If a personal representative  or  a  testamentary  beneficiary  or
distributee of the decedent has apparent title to property to which this
part  applies,  a  purchaser  for  value  or  a lender taking a security
interest in the property takes his interest in the property free of  any
rights of the surviving spouse.
(c)  A  purchaser  for  value  or  a lender need not inquire whether a
vendor or borrower acted properly.
(d) The proceeds of a sale or creation of a security interest shall be
treated in the same manner as the property transferred to the  purchaser
for value or a lender.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.6 - Effect and Construction of Part

§ 6-6.6 Effect and construction of part
This  part  does  not  effect  rights of creditors nor prevent married
  persons from severing  or  altering  their  interests  in  property  nor
  authorize  testamentary  dispositions  of  property otherwise limited or
  prohibited by  law,  and  shall  be  so  applied  and  construed  as  to
  effectuate  its  general purpose to make uniform the law with respect to
  the subject  of  this  part  among  those  states  which  enact  similar
  legislation.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 6 - Classification, Creation, Definition Of, and Rules Governing Estates in Property › Part 6 - Disposition of Community Property Rights at Death › 6-6.7 - Short Title

§ 6-6.7 Short title
This  part  may  be  cited  as  "The  New  York uniform disposition of
  community property rights at death act".
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.1 - When Trust Interests Not to Merge

§ 7-1.1 When trust interests not to merge
A  trust  is not merged or invalid because a person, including but not
  limited to the creator of the trust, is or may become the  sole  trustee
  and the sole holder of the present beneficial interest therein, provided
  that  one  or  more  other  persons  hold a beneficial interest therein,
  whether such interest be vested or contingent, present  or  future,  and
  whether created by express provision of the instrument or as a result of
  reversion to the creator's estate.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.2 - Trustee of Passive Trust Not to Take

§ 7-1.2 Trustee of passive trust not to take
Every  disposition of property shall be made directly to the person in
  whom the right to possession and income is intended to be vested and not
  to another in trust for such person, and if made to any person in  trust
  for  another,  no  estate, legal or equitable, vests in the trustee. But
  neither this  section  nor  7-1.1  shall  apply  to  trusts  arising  or
  resulting by implicaiton of law.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.3 - Purchase-Money Resulting Trust Abolished

§ 7-1.3 Purchase-money resulting trust abolished
(a)   A   disposition  of  property  to  one  person  for  a  valuable
consideration paid,  in  whole  or  in  part,  by  another  is  presumed
fraudulent  as  against  the  creditors of the payor at the time of such
disposition and, unless the presumption is rebutted, a trust results  in
favor of such creditors to the extent necessary to satisfy their claims;
but  title  to the property vests in the transferee and no trust results
to the payor unless the transferee either:
(1) Takes such property, in his own  name,  as  an  absolute  transfer
without the consent or knowledge of the payor; or
(2)  In violation of some trust, purchases the property so transferred
with money or property belonging to another.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.6 - Application of Principal to Income Beneficiary

§ 7-1.6 Application of principal to income beneficiary
(a)  Notwithstanding  any  contrary provision of law, the court having
jurisdiction of an express trust, heretofore  created  or  declared,  to
receive the income from property and apply it to the use of or pay it to
any  person,  unless otherwise provided in the disposing instrument, may
in its discretion  make  an  allowance  from  principal  to  any  income
beneficiary whose support or education is not sufficiently provided for,
to  the  extent  that  such  beneficiary is indefeasibly entitled to the
principal of the trust or any  part  thereof  or,  in  case  the  income
beneficiary  is  not  entitled to the principal of the trust or any part
thereof, to the extent that all persons beneficially interested  in  the
trust  are  adult and competent and consent thereto in writing; provided
that the court, after a hearing on  notice  to  all  those  beneficially
interested  in  the  trust  in  such  manner as the court may direct, is
satisfied that the original purpose of the creator of the  trust  cannot
be  carried out and that such allowance effectuates the intention of the
creator.
(b) Notwithstanding any contrary provision of law,  the  court  having
jurisdiction  of  an  express  trust,  hereafter created or declared, to
receive income from property and apply it to the use of or pay it to any
person, unless otherwise provided in the disposing  instrument,  may  in
its   discretion   make  an  allowance  from  principal  to  any  income
beneficiary whose support or education is not sufficiently provided for,
whether or not such person is entitled to the principal of the trust  or
any  part thereof; provided that the court, after a hearing on notice to
all those beneficially interested in the trust in  such  manner  as  the
court  may direct, is satisfied that the original purpose of the creator
of the trust cannot be carried out and that such  allowance  effectuates
the intention of the creator.
(c)  In  the  event that an income beneficiary to whom an allowance is
made, as provided in this section, is or becomes entitled to a share  of
the  principal  of  the trust, such allowance, without interest thereon,
shall be a charge upon such share.
(d) If the application or the possibility of the application  of  this
section  to  any  trust would reduce or eliminate a charitable deduction
otherwise available to any person or entity under the income  tax,  gift
tax  or  estate  tax  provisions  of  the  internal  revenue  code,  the
provisions of this section shall not apply to such trust.
(e) A supplemental needs trust which conforms  to  the  provisions  of
7-1.12  of  this  article  shall  be  construed  in  accordance with the
provisions of that section.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.8 - Duration of Trust for Benefit of Creditors

§ 7-1.8 Duration of trust for benefit of creditors
(a)  Where  an  estate in real property has heretofore vested or shall
hereafter vest in an assignee  or  other  trustee  for  the  benefit  of
creditors,  it  shall cease at the expiration of ten years from the time
the trust was created, except where a different limitation is  contained
in  the instrument creating the trust or is otherwise prescribed by law.
Such estate shall thereupon revert to the assignor.
(b) This section does not apply to a trust of personal property or  to
a  trust  of  real  property created in connection with the salvaging of
mortgage participation certificates. Nor does this  section  affect  any
rights  to  the proceeds of a sale of real property made by the assignee
or other trustee for the benefit of creditors.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.9 - Revocation of Trusts

§ 7-1.9 Revocation of trusts
(a)  Upon  the  written  consent, acknowledged or proved in the manner
required by the laws of this state for the recording of a conveyance  of
real  property, of all the persons beneficially interested in a trust of
property, heretofore or hereafter created, the creater of such trust may
revoke or amend the whole or  any  part  thereof  by  an  instrument  in
writing  acknowledged or proved in like manner, and thereupon the estate
of the trustees ceases with respect to any part of such trust  property,
the  disposition  of  which has been revoked. If the conveyance or other
instrument creating a trust of property was recorded in  the  office  of
the  clerk  or  register  of  any  county  of this state, the instrument
revoking or amending such trust, together  with  the  consents  thereto,
shall  be  recorded  in  the  same  office  of every county in which the
conveyance or other instrument creating such trust was recorded.
(b) For the purposes of this section, a disposition,  contained  in  a
trust  created  on or after September first, nineteen hundred fifty-one,
in favor of a class of persons described only as the heirs, next of  kin
or  distributees  (or  by any term of like import) of the creator of the
trust does not create a beneficial interest in such persons.
(c) A testamentary or lifetime trust wholly benefitting  one  or  more
charitable   beneficiaries   may   be  terminated  as  provided  for  by
subparagraph two of paragraph (c) of section 8-1.1 of this chapter.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.10 - Provision by Non-Domiciliary Creator as to Law to Govern Trust

§ 7-1.10 Provision by non-domiciliary creator as to law to govern trust
(a)  Whenever  a  person, not domiciled in this state, creates a trust
which provides that it shall be governed by the laws of this state, such
provision shall be given effect in determining the validity, effect  and
interpretation of the disposition in such trust of:
(1) Any trust property situated in this state at the time the trust is
created.
(2)  Personal property, wherever situated, if the trustee of the trust
is a person residing, incorporated or authorized to do business in  this
state or a national bank having an office in this state.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.11 - Application of Principal to Creator of Trust as Reimbursement for Taxes

§ 7-1.11 Application  of  principal to creator of trust as reimbursement
for taxes
(a) Notwithstanding any contrary provision of law, the trustee  of  an
express  trust,  unless  otherwise provided in the disposing instrument,
may, from time to time, pay from principal to the creator of such  trust
an  amount  equal  to  any  income  taxes  on  any  portion of the trust
principal with which he is charged.
(b) The provisions of this section do not apply to any trust by  which
a  future  estate  is  indefeasibly  vested  in  the  United States or a
political subdivision for exclusively  public  purposes;  a  corporation
organized exclusively for religious, charitable, scientific, literary or
educational  purposes,  including  the  encouragement  of  art  and  the
prevention of cruelty to  children  or  animals,  no  part  of  the  net
earnings  of  which  inures to the benefit of any private shareholder or
individual, and no substantial  part  of  the  activities  of  which  is
carrying on propaganda or otherwise attempting to influence legislation;
a  trustee, or a fraternal society, order or association operating under
the lodge system, provided the principal or income of such trust  is  to
be  used  by  such  trustee  or  by  such  fraternal  society,  order or
association exclusively for religious, charitable, scientific,  literary
or educational purposes, or for the prevention of cruelty to children or
animals, and no substantial part of the activities of such trustee or of
such  fraternal  society, order or association is carrying on propaganda
or otherwise attempting  to  influence  legislation;  or  any  veteran's
organization  incorporated  by  Act of Congress, or of its department or
local chapters or posts, no part of the net earnings of which inures  to
the benefit of any private shareholder or individual.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.14 - Who May Make a Lifetime Trust

§ 7-1.14 Who may make a lifetime trust
Any  person,  as  defined  in 1-2.12, may by lifetime trust dispose of
  real and personal property.   A natural person who  creates  a  lifetime
  trust shall be eighteen years of age or older.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.16 - Revocation of Lifetime Trust by Will

§ 7-1.16 Revocation of lifetime trust by will
A  lifetime  trust  shall  be irrevocable unless it expressly provides
  that it is revocable. In addition to the method set forth in  7-1.17,  a
  revocable  lifetime  trust  can  be  revoked  or  amended  by an express
  direction in the  creator's  will  which  specifically  refers  to  such
  lifetime trust or a particular provision thereof.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.17 - Execution, Amendment and Revocation of Lifetime Trusts

§ 7-1.17 Execution, amendment and revocation of lifetime trusts
(a) Every lifetime trust shall be in writing and shall be executed and
acknowledged  by  the  person  establishing  such trust and, unless such
person is the sole trustee, by at least  one  trustee  thereof,  in  the
manner  required  by  the  laws  of  this  state  for the recording of a
conveyance of real  property  or,  in  lieu  thereof,  executed  in  the
presence  of two witnesses who shall affix their signatures to the trust
instrument.
(b) Any amendment or revocation authorized by the trust  shall  be  in
writing  and  executed  by  the person authorized to amend or revoke the
trust, and except as otherwise provided  in  the  governing  instrument,
shall  be  acknowledged or witnessed in the manner required by paragraph
(a) of this section, and shall take  effect  as  of  the  date  of  such
execution.  Written  notice  of  such  amendment  or revocation shall be
delivered to at least one other trustee within a reasonable time if  the
person  executing  such amendment or revocation is not the sole trustee,
but failure to give such notice shall not affect  the  validity  of  the
amendment  or  revocation or the date upon which same shall take effect.
No trustee shall be liable for any act reasonably taken in  reliance  on
an  existing  trust  instrument  prior  to  actual  receipt of notice of
amendment or revocation thereof.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.18 - Funding of Lifetime Trust

§ 7-1.18 Funding of lifetime trust
A lifetime trust shall be valid as to any assets therein to the extent
  the  assets  have  been  transferred  to the trust. For purposes of this
  section, (a) transfer is not  accomplished  by  recital  of  assignment,
  holding  or  receipt  in  the trust instrument, and (b) in the case of a
  trust of which the creator is the sole trustee, transfer shall  mean  in
  the  case of assets capable of registration such as real estate, stocks,
  bonds, bank and brokerage accounts and the like, the  recording  of  the
  deed  or  the completion of registration of the asset in the name of the
  trust or trustee, and in the case of other assets a  written  assignment
  describing the asset with particularity.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 7 - Trusts › Part 1 - Rules Governing Trusts › 7-1.19 - Application for Termination of Uneconomical Trust.

§ 7-1.19 Application for termination of uneconomical trust
(a)  Notwithstanding  sections  7-1.5 and 7-2.4 of this article or any
other contrary provision of law:
(1) Any trustee or beneficiary of a lifetime or  testamentary  express
trust  (other than a wholly charitable trust) may, by application to the
surrogate's court having jurisdiction over the trust, seek a termination
of  such  trust  when  the  expense  of  administering  the   trust   is
uneconomical.
(2)  If,  upon  such application, the court finds that continuation of
the trust is economically impracticable, that the express terms  of  the
disposing  instrument  do  not  prohibit its early termination, and that
such termination would not defeat the specified purpose of the trust and
would be in the best interests of the beneficiaries, the court may  make
an  order or decree terminating the trust and directing the distribution
of the trust assets to and among those beneficiaries who at the time are
entitled (or entitled in the discretion of the trustee)  to  the  income
and/or  principal  of  the  trust  and  those beneficiaries who would be
entitled (or entitled in the discretion of the trustee)  to  the  income
and/or principal of the trust if it were to terminate immediately before
such order or decree. The distribution of the trust assets shall be made
in  such  manner, proportions and shares as in the judgment of the court
will effectuate the intention of the creator.
(b) Notice of the application shall be given to such  persons  and  at
such  time  and  in  such  manner  as  the court, in its discretion, may
direct.
(c) If the application or the possibility of the application  of  this
section  to  any  trust would reduce or eliminate a charitable deduction
otherwise available to any person under the income tax, gift tax, estate
tax or generation-skipping transfer tax provisions of the United  States
Internal  Revenue Code, or the laws of any state of the United States or
of the District of Columbia, this section shall not apply to such trust.
(d) This section shall not apply to a supplemental needs  trust  which
conforms to the provisions of section 7-1.12 of this part.