Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, May 30, 2016

Article on Rights of an Absentee Decedent in New York

Rising from deadBrett Rondeau recently published a Note entitled, Rising From the Dead: An Examination of the Rights of an Alleged Decedent Upon Return in the State of New York, 29 Quinnipiac Prob. L.J. 177-193 (2016). Provided below is a summary of the Note:

            The first part of this Note details the background and history of New York Estate Powers and Trusts Law Section 2-1.7, the relevant statute for having an absentee declared dead in New York. This section also addresses the statute's multiple requirements, including the “specific peril of death” situation. The second part of this Note outlines the background and history of New York Estate Powers and Trusts Law Section 2226, the relevant New York statute for determining what an absentee who was wrongly presumed dead can regain from his or her already distributed estate. This section also considers the variety of potential approaches a state may take when redistributing the estate of an absentee who was declared dead. The third part of this Note analyzes the effectiveness of New York's statutes compared to other state statutes. This section concludes that New York's relatively “progressive” statutes are actually more effective than similar statutes in other states in both declaring an absentee dead and distributing his or her estate, and that New York's statutes should be a model for other states when drafting or redrafting their own similar statutes.


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