§ 13-3.6 Disaffirmance of fraudulent acts by personal representative and\n others\n A fiduciary may, for the benefit of creditors or others interested in\nproperty held in trust, treat as void any act done, or disposition or\nagreement made in fraud of the rights of any creditor, including\nhimself, interested in such property, and a person who fraudulently\nreceives, takes or in any manner interferes with the property of a\ndeceased or insolvent person is liable to such fiduciary or a receiver\nfor such property or the value thereof, and for all damages caused by\nsuch act to the trust estate. A creditor of a deceased insolvent\ndebtor, having a claim against the estate of such debtor exceeding in\namount the sum of one hundred dollars may, without obtaining a judgment\non such claim, in like manner, for the benefit of himself and other\ncreditors interested in such property, treat as void any act done or\ndisposition or agreement made in fraud of creditors or maintain an\naction to set aside such act, disposition or agreement. Such claim, if\ndisputed, may be established in such action. The judgment in such\naction may provide for the sale of the property involved, when a\ndisposition thereof is set aside, and for the payment of the proceeds\nthereof into the appropriate surrogate's court to be administered\naccording to law.\n
N.Y. Est. Powers & Trusts Law § 13-3.6
Disaffirmance of fraudulent acts by personal representative and
2014-09-22
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.