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New York Surrogate's Court Procedure - Article 22 - § 2218 Deposit in Court for Benefit of Legatee, Distributee or Beneficiary

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 22 - § 2218 Deposit in Court for Benefit of Legatee, Distributee or Beneficiary

 
    § 2218. Deposit  in  court  for  benefit  of  legatee,  distributee or
  beneficiary. 1. (a)  Where  it  shall  appear  that  an  alien  legatee,
  distributee  or beneficiary is domiciled or resident within a country to
  which checks or warrants drawn against funds of the  United  States  may
  not  be  transmitted  by  reason  of  any executive order, regulation or
  similar determination of the United States government or any  department
  or  agency thereof, the court shall direct that the money or property to
  which such alien would otherwise be entitled shall be  paid  into  court
  for  the  benefit  of said alien or the person or persons who thereafter
  may appear to be entitled thereto. The money or property  so  paid  into
  court  shall be paid out only upon order of the surrogate or pursuant to
  the order or judgment of a court of competent jurisdiction.
    (b) Any assignment of  a  fund  which  is  required  to  be  deposited
  pursuant  to  the  provisions of paragraph one (a) of this section shall
  not be effective to confer upon the assignee any greater  right  to  the
  delivery of the fund than the assignor would otherwise enjoy.
    2. Where it shall appear that a beneficiary would not have the benefit
  or  use or control of the money or other property due him or where other
  special circumstances make it desirable  that  such  payment  should  be
  withheld  the decree may direct that such money or property be paid into
  court for the benefit of the beneficiary or the person  or  persons  who
  may  thereafter  appear  entitled thereto. The money or property so paid
  into court shall be paid out only upon order of the court or pursuant to
  the order or judgment of a court of competent jurisdiction.
    2-a. Where it appears to the court that the laws of a foreign  country
  or  sovereignty  effectively  deny a New York state resident beneficiary
  legatee or distributee of the benefit, use or control of money or  other
  property, a decree issued in a matter concerning the right of a resident
  of such foreign country or sovereignty to the benefit, use or control of
  money  or  other property with a situs in New York state may direct that
  such money or property be paid into the court for  the  benefit  of  the
  beneficiary  or the person or persons who may thereafter appear entitled
  thereto. The money or property so paid into the court shall be paid  out
  only  upon  order of the court or pursuant to the order or judgment of a
  court of competent jurisdiction.
    3. In any  such  proceeding  where  it  is  uncertain  that  an  alien
  beneficiary  or  fiduciary  not  residing  within the United States, the
  District of Columbia, the Commonwealth of Puerto Rico or a territory  or
  possession of the United States would have the benefit or use or control
  of  the  money  or property due him the burden of proving that the alien
  beneficiary will receive the benefit or use or control of the  money  or
  property  due him shall be upon him or the person claiming from, through
  or under him.
    4.  Nothwithstanding  any  laws  of   inheritance   or   descent   and
  distribution  of  any  state  or  territory  of  the  United States, and
  notwithstanding similar laws of foreign countries or sovereignties, such
  states or territories of the  United  States  or  foreign  countries  or
  sovereignties  may not claim for themselves, as heirs or distributees or
  by any other theory of inheritance, any funds whose  situs  is  in  this
  state and which have been deposited pursuant to the laws of the state of
  New  York  for the benefit of any distributee, heir, legatee or owner of
  said  funds,  whether  known  or  unknown,  or  for  any  person   whose
  whereabouts are unknown.

Last modified: February 18, 2012