New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 207 - Uniform Rules For The Surrogate's Court
Section 207.48 - Filing and recording of powers of attorney
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 207.48
Current through Register Vol. 46, No. 12, March 20, 2024
(a) No power of attorney affecting any interest in a decedent's estate shall be filed or recorded pursuant to E PTL 13-2.3 unless:
(1) the instrument is satisfactory to the
court as to form, content and manner of execution; and
(2) the person offering the
instrument for filing or recording shall furnish an affidavit of the
attorney-in-fact, stating: the circumstances under which the power of attorney
was procured; the post office address of the grantor, the amount of his or her
interest and relationship, if any, to the decedent; the financial arrangement
and exact terms of compensation of the attorney-in-fact or of any other person
concerned with the matter; disbursements to be charged to the grantor; a copy
of any agreement concerning compensation; and the name of any attorney
representing the attorney-in-fact.
(b) An attorney-in-fact in a proceeding for the determination of kinship shall not accept any payment for acting pursuant to a power of attorney unless there has been filed with the court all the terms of the agreed-upon compensation or the same has been fixed by the court in a proceeding pursuant to SCPA 2112.
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