WeVote

Bill

Bill

A 48

Prohibits distribution of a decedent's estate to certain sex offenders

2025 Regular Session Introduced by Will Barclay and 7 co-sponsors

Bars probate distributions from a decedent’s estate to those labeled as certain sex offenders, forcing fiduciaries to redirect assets away from those beneficiaries.

HELD FOR CONSIDERATION IN JUDICIARY
0
WeVote Research Nonpartisan
Bill Summary · A 48

Summary: Assembly Bill A 48 — Prohibits distribution of a decedent's estate to certain sex offenders

Quick overview

  • Bill number: A 48
  • Title: Prohibits distribution of a decedent's estate to certain sex offenders
  • Status: Held for consideration in Judiciary (current status as of May 2025)
  • Introduced: January 8, 2025
  • Classification: Bill (New York State Assembly)
  • Sponsors: Primary sponsor William A. Barclay; cosponsors include John Lemondes, Brian Manktelow, Jeff Gallahan, Chris Tague, Karl Brabenec, Kenneth Blankenbush, and Stephen Hawley.
  • Related bills (prior sessions): A 2833, A 5450, A 6723, A 1593

Purpose and intent

The bill aims to restrict the distribution of a decedent’s estate to individuals who meet the bill’s definition of “certain sex offenders.” In other words, the bill would prohibit, under probate or estate-distribution contexts, the transfer of assets from a deceased person’s estate to those identified as sex offenders by the bill's criteria. The overarching intent is to prevent beneficiaries who are sex offenders from receiving estate assets through wills, trusts, intestate distributions, or other probate mechanisms.

Key provisions (typical elements to expect)

Note: The exact statutory language is not provided here, but the bill would typically address:
- A clear definition of who qualifies as a “certain sex offender” under the bill (criteria may reference sex-offender registry status, specific offenses, or other qualifying conditions).
- Scope of application, including distributions from decedents’ estates in probate proceedings (wills, trusts, and intestate estates).
- Procedures for executors, trustees, administrators, or fiduciaries to determine eligibility of potential recipients.
- Provisions for what happens to prohibited distributions (e.g., prohibition, revocation, or redirection of funds to alternate beneficiaries or to state funds).
- Enforcement mechanisms, penalties for non-compliance, and remedies for aggrieved parties.
- Effective date and any transitional provisions or savings clauses.

Who is affected

  • Executors/Administrators and Fiduciaries: Responsible for administering estates; must ensure distributions comply with the statute.
  • Decedents’ Estates and Beneficiaries: Individuals receiving distributions; those identified as sex offenders under the bill’s definitions would be affected if their status disqualifies them from inheritance.
  • Probate Courts: May need to apply the new rules when approving distributions and resolving disputes.

Procedural and timeline context

  • Introduced: Jan. 8, 2025.
  • Referral: Referred to the Judiciary Committee on Jan. 8, 2025.
  • Status updates: The bill has been listed as “HELD FOR CONSIDERATION IN JUDICIARY” as of May 20, 2025, indicating it is being reviewed but has not advanced to a full floor vote.
  • Legislative posture: Currently under committee consideration; may undergo amendments before any potential floor action.

Related context

Related bills from prior sessions (A 2833, A 5450, A 6723, A 1593) suggest prior interest in restricting certain inheritances or tailoring estate distributions, though the current text and specifics may differ.

If you need, I can incorporate the exact bill language once available or compare with the related bills to highlight convergences or differences.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.