Report on legislation concerning the inheritance by children conceived after the death of a genetic parent

SUMMARY

The Trusts, Estates and Surrogate’s Courts Committee expressed support for legislation which would amend the EPTL in relation to inheritance by children conceived after the death of a genetic parent. The two key elements of the legislation are: 1) it would provide that, if certain conditions are met, a child conceived after the death of a parent with the genetic material of such parent (a “genetic parent”) would be considered -(i) a distributee of the genetic parent, and (ii) included in the class of the genetic parent’s issue for any disposition made by the genetic parent at any time, and for any disposition made by anyone other than the genetic parent after September 1, 2013; and 2) it would provide that the Executor or Administrator of a genetic parent’s estate may delay paying a testamentary disposition or distributive share until the birth of a genetic child entitled to inherit under EPTL § 4-1.3, provided that notice of the existence of the genetic parent’s genetic material has been given.

Originally Issued December 2013; Reissued July 2014

BILL INFORMATION

A.7461-A (AM Cook) / S.4779-B (Sen. Bonacic) – Relates to inheritance by children conceived after the death of a genetic parent (NYS 2013-14)

OUTCOME

Signed by the Governor, Chp. 439 – November 21, 2014