US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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”.