§ 2218 — Deposit in court for benefit of legatee, distributee or beneficiary

§ 2218. Deposit in court for benefit of legatee, distributee or\nbeneficiary. 1. (a) Where it shall appear that a noncitizen legatee,\ndistributee or beneficiary is domiciled or resident within a country to\nwhich checks or warrants drawn against funds of the United States may\nnot be transmitted by reason of any executive order, regulation or\nsimilar determination of the United States government or any department\nor agency thereof, the court shall direct that the money or property to\nwhich such noncitizen would otherwise be entitled shall be paid into\ncourt for the benefit of said noncitizen or the person or persons who\nthereafter may appear to be entitled thereto. The money or property so\npaid into court shall be paid out only upon order of the surrogate or\npursuant to the order or judgment of a court of competent jurisdiction.\n (b) Any assignment of a fund which is required to be deposited\npursuant to the provisions of paragraph one (a) of this section shall\nnot be effective to confer upon the assignee any greater right to the\ndelivery of the fund than the assignor would otherwise enjoy.\n 2. Where it shall appear that a beneficiary would not have the benefit\nor use or control of the money or other property due him or where other\nspecial circumstances make it desirable that such payment should be\nwithheld the decree may direct that such money or property be paid into\ncourt for the benefit of the beneficiary or the person or persons who\nmay thereafter appear entitled thereto. The money or property so paid\ninto court shall be paid out only upon order of the court or pursuant to\nthe order or judgment of a court of competent jurisdiction.\n 2-a. Where it appears to the court that the laws of a foreign country\nor sovereignty effectively deny a New York state resident beneficiary\nlegatee or distributee of the benefit, use or control of money or other\nproperty, a decree issued in a matter concerning the right of a resident\nof such foreign country or sovereignty to the benefit, use or control of\nmoney or other property with a situs in New York state may direct that\nsuch money or property be paid into the court for the benefit of the\nbeneficiary or the person or persons who may thereafter appear entitled\nthereto. The money or property so paid into the court shall be paid out\nonly upon order of the court or pursuant to the order or judgment of a\ncourt of competent jurisdiction.\n 3. In any such proceeding where it is uncertain that a noncitizen\nbeneficiary or fiduciary not residing within the United States, the\nDistrict of Columbia, the Commonwealth of Puerto Rico or a territory or\npossession of the United States would have the benefit or use or control\nof the money or property due him the burden of proving that the\nnoncitizen beneficiary will receive the benefit or use or control of the\nmoney or property due him or her shall be upon him or her or the person\nclaiming from, through or under him or her.\n 4. Nothwithstanding any laws of inheritance or descent and\ndistribution of any state or territory of the United States, and\nnotwithstanding similar laws of foreign countries or sovereignties, such\nstates or territories of the United States or foreign countries or\nsovereignties may not claim for themselves, as heirs or distributees or\nby any other theory of inheritance, any funds whose situs is in this\nstate and which have been deposited pursuant to the laws of the state of\nNew York for the benefit of any distributee, heir, legatee or owner of\nsaid funds, whether known or unknown, or for any person whose\nwhereabouts are unknown.\n