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N.Y. Est. Powers & Trusts Law § 13-1.2

Assets; debt due from executor to testator; effect of discharge

2014-09-22

§ 13-1.2 Assets; debt due from executor to testator; effect of discharge\n by will\n The designation by will of a person as executor does not operate as a\ndischarge or testamentary disposition of any just claim which the\ntestator had against him, but such claim must be included as an asset of\nthe estate. The executor is liable for the value of the claim when it\nbecomes due, and he must apply and distribute the same in the course of\nadministering the estate. The discharge or disposition of such a claim\nor of a claim against any other person by will shall be treated as a\nspecific disposition for purposes of 13-1.3. Nothing contained herein\nprecludes an executor from raising any defense to a claim by the estate\nagainst him which would be available to any other person against whom\nthe estate has a claim.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.