2006 New York Code - Distribution Of Proceeds On Death Of Infant, Incompetent Or Conservatee

    §  1766.  Distribution  of proceeds on death of infant, incompetent or
  conservatee. If the infant should die before arriving at  full  age,  or
  the incompetent person should die before the incompetency is removed, or
  the  conservatee should die before the conservatorship is terminated not
  leaving any  personal  property,  or  not  leaving  sufficient  personal
  property  to  pay funeral expenses and expenses that may be necessary or
  necessarily incurred, then in each case, the proceeds of disposition  of
  real  property  are  to  be  deemed  personal  property so far as may be
  necessary to pay the funeral and other necessary expenses. The  proceeds
  are  to  be  paid,  upon  order of the surrogate's court or court having
  jurisdiction  of  the  estate  of  the  deceased,  to  an  administrator
  appointed  by  the  surrogate  to administer upon decedent's estate, and
  after paying all funeral expenses and expenses of administration and any
  indebtedness, the remainder, if any there be,  upon  the  order  of  the
  surrogate,  shall  be  paid  into  the hands of the trustee who held the
  same, to be distributed as the law directs.

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