2019 New York Laws
EPT - Estates, Powers and Trusts
Article 7 - Trusts
Part 3 - Rights of Purchasers, Creditors and Other Persons
7-3.5 - Rights of Creditors to Obtain Information Concerning Beneficiaries
§ 7-3.5 Rights of creditors to obtain information concerning
beneficiaries (a) Any person who has furnished necessaries to a beneficiary of any
trust may apply to the court having jurisdiction of the trust for an
order directing the trustee thereof to furnish to the applicant the true
and full name and residence address of any such beneficiary. As used in
this section, the term "necessaries" means goods furnished and services
performed suitable to the condition in life of the person to whom they
are furnished or for whose benefit they are performed, and which meet
his actual needs at the time such necessaries are provided.
(b) The application shall be made by a verified petition which states
(1) the name and address of petitioner, (2) the nature and extent of the
necessaries provided, (3) the person by whom and the circumstances under
which they were provided, (4) the amount of the indebtedness claimed to
exist, (5) the name of the person to whom or for whose benefit such
necessaries were provided, (6) a description of the trust of which the
person to whom such necessaries were provided is a beneficiary and (7)
the name of the trustee administering such trust.
(c) Such petition shall also show the efforts made by the petitioner
to locate the beneficiary and that more than ten days have elapsed since
petitioner requested in writing that the trustee furnish the address of
any such beneficiary. The petition may contain such other information as
is relevant to the inquiry.
(d) The proceeding may be initiated by citation or order to show cause
served on the trustee personally or in such manner and at such time as
the court may direct. A copy of the petition shall be served with the
process.
(e) Upon the return of the process the court, if satisfied that the
allegations of the petition are true and that the petitioner is entitled
to the relief sought, may make an order directing the trustee to furnish
to petitioner the true and full name and residence address of any
beneficiary to whom necessaries were provided. The order may fix the
time within which such name and address shall be furnished. Failure to
comply with an order so made shall be punishable as a contempt of court.
