N.Y. Estates, Powers & Trusts Law § 2-1.14: Right to recover state estate and gift taxes where decedent

§ 2-1.14 Right to recover state estate and gift taxes where decedent

retained interest

(a)(1) If any part of the gross tax estate on which tax has been paid

consists of the value of property included in the gross estate by reason

of section two thousand thirty-six of the internal revenue code

(relating to transfers with retained life estate), the decedent's estate

shall be entitled to recover from the person receiving the property the

amount which bears the same ratio to the total tax under this chapter

which has been paid as

(A) the value of such property bears to

(B) the taxable estate.

(2) Paragraph one shall not apply if the decedent otherwise directs in

a provision of his will (or a revocable trust) specifically referring to

this section.

(b) For purposes of this section, if there is more than one person

receiving the property, the right of recovery shall be against each such

person.

(c) In the case of penalties and interest attributable to the

additional taxes described in subsection (a) of this section, rules

similar to the rules of subsections (a) and (b) of this section shall

apply.

(d) No person shall be entitled to recover any amount by reason of

this section from a trust to which section six hundred sixty-four of the

internal revenue code applies (determined without regard to this

section).