§ 2-1.1 Heirs at law and next of kin defined Whenever used in a statute or instrument, unless a contrary intention is expressed therein, the term “heirs”, “heirs at law”, “next of kin” or any term of like import means the distributees, as defined in 1-2.5.
§ 2-1.10 Provisions relating to infants and minors (a) Unless the creator expressly provides to the contrary, in any instrument executed prior to September first, nineteen hundred seventy-four, the words “minor”, “minority”, “infant”, “infancy”, “majority”, “adult” and words of like import shall mean or refer to a person or a class of persons under the […]
§ 2-1.11 Renunciation of property interests (a) A renunciation made in compliance with the provisions of this section shall not necessarily constitute a qualified disclaimer within the meaning of section 2518 of the Internal Revenue Code of 1986, as amended, or for the purposes of the taxes imposed by article twenty-six of the tax law. […]
§ 2-1.12 Credit shelter formula bequests If: (a) the decedent dies after January thirty-first, two thousand; and (b) by reason of the death of the decedent property passes or is acquired from the decedent under a will executed or a trust created prior to February first, two thousand which contains a formula providing, in sum […]
§ 2-1.13 Certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December thirty-first, two thousand nine and before January first, two thousand eleven (a)(1) If by reason of the death of a decedent property passes or is acquired under a […]
§ 2-1.14 Right to recover state estate and gift taxes where decedent retained interest (a)(1) If any part of the gross tax estate on which tax has been paid consists of the value of property included in the gross estate by reason of section two thousand thirty-six of the internal revenue code (relating to transfers […]
§ 2-1.15 Consequences of partly ineffective dispositions of trust principal to two or more beneficiaries Whenever the remainder of a lifetime or testamentary trust passes, whether outright or in further trust, to two or more designated beneficiaries, and such remainder is ineffective in part and no effective alternative disposition has been made in the governing […]
§ 2-1.2 Issue to take per capita, per stirpes or by representation (a) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a disposition of property is made to “issue”, such issue, if in equal degree of consanguinity to their common ancestor, take per capita, but if in unequal degree, per stirpes, unless a […]
§ 2-1.3 Adopted children and posthumous children as members of a class (a) Unless the creator expresses a contrary intention, a disposition of property to persons described in any instrument as the issue, children, descendants, heirs, heirs at law, next of kin, distributees (or by any term of like import) of the creator or of […]
§ 2-1.4 Words of inheritance unnecessary The word “heirs” or words of inheritance of like import are not necessary to create or dispose of a fee.
§ 2-1.5 Advancements and their adjustment (a) An advancement is an irrevocable gift intended by the donor as an anticipatory distribution in complete or partial satisfaction of the interest of the donee in the donor’s estate, either as distributee in intestacy or as beneficiary under an existing will of the donor. (b) No advancement shall […]
§ 2-1.6 Disposition of property where a person dies within one hundred twenty hours of another person or any other event (a) Except as provided in paragraph (b) of this section: (1) Where, under articles 4 and 5 of this chapter, the title to property or the devolution of property depends upon an individual’s survivorship […]
§ 2-1.7 Presumption of death from absence; effect of exposure to specific peril (a) A person who is absent for a continuous period of three years, during which, after diligent search, he or she has not been seen or heard of or from, and whose absence is not satisfactorily explained shall be presumed, in any […]
§ 2-1.8 Apportionment of federal and state estate or other death taxes; fiduciary to collect taxes from property taxed and transferees thereof (a) Whenever it appears in any appropriate action or proceeding that a fiduciary has paid or may be required to pay an estate or other death tax, under the law of this state […]
§ 2-1.9 Distributions in kind by executors and trustees (a) (1) As used in this section, the terms “pecuniary disposition” and “transfer in trust of a pecuniary amount” mean, respectively, a disposition by will or a transfer under a trust agreement of a specific amount of money, which amount is either expressly stated in the […]
