New York Estates
Powers & Trusts Law

Article 11. Fiduciary: Powers, Duties and Limitations; Actions by or against in Representative or Individual Capacities

	 
Part 1. FIDUCIARIES: POWERS, DUTIES AND LIMITATIONS 
	
        11-1.1    Fiduciaries` powers.
        11-1.2    Tax elections by personal representatives.
        11-1.3    Power and duty of executor before probate.
        11-1.4    Validity  of  execution  of power to sell, mortgage or
                    lease real property  by  less  than  all  qualifying
                    executors.
        11-1.5    Payment  of  testamentary dispositions or distributive
                    shares.
        11-1.6    Property held as fiduciary to be kept separate.
        11-1.7    Limitations on powers and immunities of executors  and
                    testamentary trustees.
        11-1.8    Power  of  fiduciary  or  custodian  for  fiduciary to
                    deposit  United   States   government   and   agency
                    securities with a federal reserve bank.
        11-1.9    Power  of Fiduciary or Custodian to Deposit Securities
                    in a Central Depository.
        11-1.10   Power  of  fiduciary  to  employ  a  broker-dealer  as
                    custodian
        11-1.11   Limited  power of fiduciary to amend trust for certain
                    tax purposes.


PART 2. INVESTMENTS BY FIDUCIARIES:
POWERS AND DUTIES RELATING THERETO


        11-2.1    Principal and income.
        11-2.2    Power to invest.
        11-2.3    Prudent investor act.
        11-2.3-A  Judicial control with respect to fiduciary`s power  to
                    adjust
        11-2.4    Optional unitrust provision.


PART 3. ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES


        11-3.1    Actions.
        11-3.2    Action  for  injury  to  person  or  property survives
                    despite death of person in whose  favor  or  against
                    whom cause of action existed.
        11-3.3    Limitations upon recovery where injury causes death.
        11-3.4    Action by representative of representative.


PART 4. PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST
                        PERSONAL REPRESENTATIVES


        11-4.1    How to sue or be sued.
        11-4.2    When  personal and representative causes of action may
                    be joined.
        11-4.3    Separate dockets and executions.
        11-4.4    Commencement    of     action     against     personal
                    representatives;  rule  when some of representatives
                    not served.
        11-4.5    Want  of  assets  not  to  be  pleaded   by   personal
                    representative.
        11-4.6    Leave    to    issue    execution   against   personal
                    representative; how  procured;  order  and  contents
                    thereof; security before order granted; execution on
                    judgment recovered by predecessor representative.
        11-4.7    Liability  of  the  personal representative for claims
                    arising out of the administration of the estate.

Top of Page      

NY EPTL

NY SCPA

Principal & Income

Introduction to Wills

Introduction to Trusts

Top of Page