S 9582 NY
Relates to persons ineligible to act as a fiduciary
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Summary
This bill amends the Surrogate's Court Procedure Act to remove being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary. The bill maintains the court's authority to declare a person ineligible to act as a fiduciary if they have been convicted of a felony whose crime may be adverse to the welfare of the estate, including but not limited to crimes such as embezzlement or any crime involving misappropriation of money or breach of fiduciary duty. The bill takes effect immediately.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Removes being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary.
Sponsor (1)
- Kristen Gonzalez Democratic · primary
Action history (7)
- Mar 26, 2026 REFERRED TO JUDICIARY · upper
- May 5, 2026 1ST REPORT CAL.913 · upper
- May 6, 2026 2ND REPORT CAL. · upper
- May 7, 2026 ADVANCED TO THIRD READING · upper
- May 12, 2026 PASSED SENATE · upper
- May 12, 2026 DELIVERED TO ASSEMBLY · upper
- May 12, 2026 REFERRED TO JUDICIARY · lower
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S09582 Summary: BILL NO S09582   SAME AS SAME AS A08760
  SPONSOR GONZALEZ   COSPNSR   MLTSPNSR   Amd §707, SCPA   Removes being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary.
Go to top S09582 Text:
STATE OF NEW YORK ________________________________________________________________________
9582
IN SENATE
March 26, 2026 ___________
Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to persons ineligible to act as a fiduciary
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 2 of section 707 of the surrogate's court 2 procedure act, as amended by chapter 486 of the laws of 2021, is amended 3 to read as follows: 4 2. Persons ineligible in court's discretion. The court may declare 5 ineligible to act as fiduciary[ : 6 (a) a person unable to read and write the English language; or 7 (b) ] an individual convicted of a felony whose crime may be adverse to 8 the welfare of the estate, including but not limited to, crimes such as 9 embezzlement or any crime where there was a misappropriation of money or 10 a breach of fiduciary duty. 11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13214-01-5
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