N.Y. Estates, Powers & Trusts Law § 13-3.4: Payment or delivery of property to foreign fiduciaries

§ 13-3.4 Payment or delivery of property to foreign fiduciaries

(a) Whenever any foreign fiduciary, by whatever title he is

designated, of the property or estate of a non-domiciliary infant,

incompetent or decedent is authorized, by the laws of the foreign

jurisdiction where the infant or incompetent is domiciled or the

decedent was domiciled, to receive any personal property in the

possession or control of any person or fiduciary in this state, such

person or fiduciary may pay or deliver the property to such foreign

fiduciary without an order of the court, and the receipt and acquittance

from such foreign fiduciary is a sufficient release and discharge of the

person or fiduciary paying or delivering such property. For purposes of

this section the status of a person as an "infant" or "incompetent"

shall be determined by the law of his domicile.

(b) No person or fiduciary shall be released and discharged, as

provided in paragraph (a), who:

(1) Has received written notice of the appointment, in this state, of

a principal or ancillary representative of the property or estate, or of

the existence of creditors, in this state, of such infant, incompetent

or decedent.

(2) In the case of a testamentary disposition or a distributive share

of a decedent's estate, has reason to believe that such foreign

fiduciary or the persons whom he represents would not have the benefit,

use or control of such disposition or distributive share.