2010 New York Code
EPT - Estates, Powers & Trusts
Article 13 - OTHER PROVISIONS AFFECTING ESTATES
Part 3 - (13-3.1 - 13-3.6) MISCELLANEOUS PROVISIONS
13-3.6 - Disaffirmance of fraudulent acts by personal representative and others

§ 13-3.6 Disaffirmance of fraudulent acts by personal representative and
             others
    A  fiduciary may, for the benefit of creditors or others interested in
  property held in trust, treat as void any act done,  or  disposition  or
  agreement  made  in  fraud  of  the  rights  of  any creditor, including
  himself, interested in such property,  and  a  person  who  fraudulently
  receives,  takes  or  in  any  manner  interferes with the property of a
  deceased or insolvent person is liable to such fiduciary or  a  receiver
  for  such  property  or the value thereof, and for all damages caused by
  such act to the trust estate.    A  creditor  of  a  deceased  insolvent
  debtor,  having  a  claim against the estate of such debtor exceeding in
  amount the sum of one hundred dollars may, without obtaining a  judgment
  on  such  claim,  in  like  manner, for the benefit of himself and other
  creditors interested in such property, treat as void  any  act  done  or
  disposition  or  agreement  made  in  fraud  of creditors or maintain an
  action to set aside such act, disposition or agreement.  Such claim,  if
  disputed,  may  be  established  in  such action.   The judgment in such
  action may provide for  the  sale  of  the  property  involved,  when  a
  disposition  thereof  is  set aside, and for the payment of the proceeds
  thereof into  the  appropriate  surrogate's  court  to  be  administered
  according to law.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.