A 3381 New York Assembly · 2025 Regular Session

Relates to proving lost or destroyed lifetime trusts

This bill creates a legal process for proving the existence of a lifetime trust when its original document is lost or destroyed. It requires petitioners to establish the trust's execution under applicable law, confirm it wasn't revoked, and detail key terms (trustee, beneficiaries, dispositive provisions, and asset transfers) using copies, drafts, or alternative evidence. The law establishes presumptions that the trust was properly executed (if assets were transferred) and not revoked, shifting the burden of proof: challengers must prove revocation, while petitioners must prove execution and trust terms. It also mandates court process to notify trustees, beneficiaries, and other relevant parties in such proceedings. This applies directly to individuals and courts handling trust disputes involving missing documents.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2025 Last action Jan 7, 2026
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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
2
Jan 7, 2026
Committee
REFERRED TO JUDICIARY
lower
Jan 27, 2025
Committee
REFERRED TO JUDICIARY
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Charles Lavine
Charles Lavine
DDemocratic
NY
13