N.Y. Estates, Powers & Trusts Law § 7-3.5: Rights of creditors to obtain information concerning

§ 7-3.5 Rights of creditors to obtain information concerning

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.