Disaffirmance of fraudulent acts by personal representative and · as in force on May 31, 2026
§ 13-3.6 Disaffirmance of fraudulent acts by personal representative and
others
A fiduciary may, for the benefit of creditors or others interested in property held in trust, treat as void any act done, or disposition or agreement made in fraud of the rights of any creditor, including himself, interested in such property, and a person who fraudulently receives, takes or in any manner interferes with the property of a deceased or insolvent person is liable to such fiduciary or a receiver for such property or the value thereof, and for all damages caused by such act to the trust estate. A creditor of a deceased insolvent debtor, having a claim against the estate of such debtor exceeding in amount the sum of one hundred dollars may, without obtaining a judgment on such claim, in like manner, for the benefit of himself and other creditors interested in such property, treat as void any act done or disposition or agreement made in fraud of creditors or maintain an action to set aside such act, disposition or agreement. Such claim, if disputed, may be established in such action. The judgment in such action may provide for the sale of the property involved, when a disposition thereof is set aside, and for the payment of the proceeds thereof into the appropriate surrogate's court to be administered according to law.
Fraudulent acts against creditors can be undone by the fiduciary or, for an insolvent decedent, by a creditor.
A fiduciary may, for creditors or others interested in trust property, treat as void any act, disposition or agreement made in fraud of a creditor's rights (including his own). Anyone who fraudulently receives or interferes with a deceased or insolvent person's property is liable to the fiduciary or a receiver for the property or its value and all resulting damages. ★ A creditor of a deceased insolvent debtor with a claim over $100 may, without first getting a judgment, for himself and other creditors, treat such acts as void or sue to set them aside. ★ A disputed claim may be established in that action. The judgment may order the property sold and the proceeds paid into the appropriate surrogate's court to be administered according to law.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.