N.Y. Estates, Powers & Trusts Law § 4-1.6: Disqualification of joint tenant in certain instances

§ 4-1.6 Disqualification of joint tenant in certain instances

Notwithstanding any other provision of law to the contrary, a joint

tenant convicted of murder in the second degree as defined in section

125.25 of the penal law or murder in the first degree as defined in

section 125.27 of the penal law of another joint tenant shall not be

entitled to the distribution of any monies in a joint bank account

created or contributed to by the deceased joint tenant, except for

those monies contributed by the convicted joint tenant.

Upon the conviction of such joint tenant of first or second degree

murder and upon application by the prosecuting attorney, the court, as

part of its sentence, shall issue an order directing the amount of any

joint bank account to be distributed pursuant to the provisions of this

section from the convicted joint tenant and to the deceased joint

tenant's estate. The court and the prosecuting attorney shall each have

the power to subpoena records of a banking institution to determine the

amount of money in such bank account and by whom deposits were made. The

court shall also have the power to freeze such account upon application

by the prosecuting attorney during the pendency of a trial for first or

second degree murder. If, upon receipt of such court orders described in

this section, the banking institution holding monies in such joint

account complies with the terms of the order, such banking institution

shall be held free from all liability for the distribution of such funds

as were in such joint account. In the absence of actual or constructive

notice of such order, the banking institution holding monies in such

account shall be held harmless for distributing the money according to

its ordinary course of business.

For purposes of this section, the term banking institution shall have

the same meaning as provided for in paragraph (b) of subdivision three

of section nine-f of the banking law.