§ 2225 — Determination of distributees, devisees, legatees, beneficiaries and distributive and beneficial shares In any proceeding where the court...

New York § 2225

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 22: Accounting

Text

§ 2225. Determination of distributees, devisees, legatees, beneficiaries\n and distributive and beneficial shares\n In any proceeding where the court is required to determine the\ndistributees entitled to share in the estate under EPTL 4-1.1, or where\na devisee, legatee or a beneficiary of a will or trust subject to the\njurisdiction of the court is entitled to money or property upon the\noccurrence of a specified event, the petition may request the court as\nincidental thereto to adjudge that (a) a person who might otherwise be a\ndistributee, devisee, legatee or beneficiary is dead or (b) that no\ndistributees, devisees, legatees or beneficiaries other than those\nstated in the record exists. Citation shall issue to the person named\nand to unknown distributees or to unknown devisees, legatees or\nbeneficiaries, if any. For the purposes of this section, a "specified\nevent" shall be the time specified in the will or lifetime trust for the\ndetermination of the identity of the devisee, legatee, beneficiary or\nmembers of a class thereof entitled to share in the estate or trust\nproperty.\n (a) If it is established to the satisfaction of the court that a\nperson who would be a distributee, or a devisee, legatee or beneficiary\nupon the occurrence of a specified event, has not been heard from for a\nperiod of at least three years since the death of the decedent, or since\nthe occurrence of such event, as the case may be, that a diligent search\nhas been made to discover evidence that such person is still living, and\nthat no such evidence has been found, the court may make a determination\nthat such person is presumed dead and that he or she predeceased the\ndecedent without issue or that such devisee, legatee or beneficiary is\npresumed to have died prior to the occurrence of such event and that\nsuch person died prior thereto without issue other than those issues\nstated in the record.\n (b) If it appears to the satisfaction of the court that diligent and\nexhaustive efforts have been made from all available sources to\nascertain the existence of distributees, or members of a class of\ndevisees, legatees or beneficiaries, that at least three years have\nelapsed since the death of the decedent, or since the occurrence of the\nspecified event upon which such class is finally determined, as the case\nmay be, that the parties before the court know of no distributees of the\ndecedent, or of such legatees, devisees or beneficiaries, other than\nthose stated in the record, and that no claim to a share in the estate\nor trust has been made by any person whose relationship or existence has\nnot been established in the record, the court may make a determination\nthat no distributee of the decedent or class of distributees exists, or\nthat no such devisee, legatee or beneficiary, or members of a class of\nlegatees, devisees or beneficiaries exists, other than those whose\nstatus is established in the record before the court.\n (c) Upon making the findings under subdivision (a) or (b) of this\nsection, the court may direct distribution of the assets to those\ndistributees or to those devisees, legatees and beneficiaries whose\nrelationship or present existence has been established in the record\nbefore the court.\n