New York Estates
Powers & Trusts Law

NY EPTL, Article 5

Article 5, Part 1, Rights of Surving Spouse
Article 5, Part 3, Rights of Family Unit
Article 5, Part 4, Wrongful Act, Neglect

  
PART 1. RIGHTS OF SURVIVING SPOUSE
Section 5-1.1   Right of election by surviving spouse.
        5-1.1-A Right of election by surviving spouse.
        5-1.2   Disqualification as surviving spouse.
        5-1.3   Revocatory effect of marriage after execution of will.
        5-1.4   Revocatory  effect  of divorce, annulment or declaration
                  of nullity, or dissolution of marriage on disposition,
                  appointment or  other  provision  in  will  to  former
                  spouse.


				  
PART 3. RIGHTS OF FAMILY UNIT
Section 5-3.1   Exemption for benefit of family.
        5-3.2   Revocatory  effect  of birth of child after execution of
                  will.
        5-3.4   Action in supreme court by child born after execution of
                  will, by surviving spouse upon revocation of  will  by
                  marriage or by subscribing witness with interest under
                  will.


				  
PART 4. 
RIGHTS OF MEMBERS OF FAMILY 
RESULTING FROM WRONGFU
ACT, NEGLECT OR DEFAULT 
CAUSING DEATH OF DECEDENT
Section 5-4.1   Action  by  personal  representative  for  wrongful act,
                  neglect or default causing death of decedent.
        5-4.2   Trial and burden of proof of contributory negligence.
        5-4.3   Amount of recovery.
        5-4.4   Distribution of damages recovered.
        5-4.5   Non-marital children.
        5-4.6   Application to compromise action.

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