§ 2104 — Inquiry; trial and decree 1

§ 2104. Inquiry; trial and decree\n 1. Upon the return of the order, whether or not the respondent\nanswers, the petitioner may examine him with respect to the allegations\nof the petition. If it appears thereon that an issue of title to any\nproperty as defined in 103 or the proceeds or value thereof is raised,\nif he has not theretofore done so, the respondent shall be directed to\nserve and file an answer accordingly, but the examination, if directed\nby the court, shall continue. When an issue of title is raised that\nissue shall be tried as a litigated issue.\n 2. Any claim of title to or the right to the possession of any\nproperty of the decedent or the estate must be made by verified answer.\n 3. If the possession of the property be denied, proof of that issue\nmay be presented by any party. The court may in an appropriate case\nmake an interim decree directing the delivery of property not claimed by\nverified answer and continue the proceeding for determination of any\nlitigated issue.\n 4. If it appears that the petitioner is entitled to the possession of\nany property the decree shall direct delivery thereof to him or if the\nproperty shall have been disposed of or diverted the decree may direct\nthe payment of the proceeds or the value of the property or may impress\na trust upon the proceeds or make any determination which the supreme\ncourt might decree in following trust property or funds.\n 5. If it be determined that the petitioner is not entitled to the\nproperty or the proceeds or value thereof the court may determine the\nrespective interests of the other claimants thereto.\n 6. If during the proceeding, other than a trial of issues raised by\nanswer, a respondent is examined concerning any personal communication\nor transaction between himself and the decedent such examination shall\nnot be deemed to be a waiver of the provisions of CPLR 4519.\n