N.Y. Estates, Powers and Trusts Law 7-3.5 – Rights of creditors to obtain information concerning
§ 7-3.5 Rights of creditors to obtain information concerning
Terms Used In N.Y. Estates, Powers and Trusts Law 7-3.5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trustee: A person or institution holding and administering property in trust.
beneficiaries
(a) Any person who has furnished necessaries to a beneficiary of any trust may apply to the court having jurisdiction of the trust for an order directing the trustee thereof to furnish to the applicant the true and full name and residence address of any such beneficiary. As used in this section, the term "necessaries" means goods furnished and services performed suitable to the condition in life of the person to whom they are furnished or for whose benefit they are performed, and which meet his actual needs at the time such necessaries are provided.
(b) The application shall be made by a verified petition which states (1) the name and address of petitioner, (2) the nature and extent of the necessaries provided, (3) the person by whom and the circumstances under which they were provided, (4) the amount of the indebtedness claimed to exist, (5) the name of the person to whom or for whose benefit such necessaries were provided, (6) a description of the trust of which the person to whom such necessaries were provided is a beneficiary and (7) the name of the trustee administering such trust.
(c) Such petition shall also show the efforts made by the petitioner to locate the beneficiary and that more than ten days have elapsed since petitioner requested in writing that the trustee furnish the address of any such beneficiary. The petition may contain such other information as is relevant to the inquiry.
(d) The proceeding may be initiated by citation or order to show cause served on the trustee personally or in such manner and at such time as the court may direct. A copy of the petition shall be served with the process.
(e) Upon the return of the process the court, if satisfied that the allegations of the petition are true and that the petitioner is entitled to the relief sought, may make an order directing the trustee to furnish to petitioner the true and full name and residence address of any beneficiary to whom necessaries were provided. The order may fix the time within which such name and address shall be furnished. Failure to comply with an order so made shall be punishable as a contempt of court.