{"jurisdiction": "us-ny", "code": "eptl", "section": "2-1.12", "citation": "EPTL § 2-1.12", "heading": "Credit shelter formula bequests", "text": ["§ 2-1.12 Credit shelter formula bequests", "If: (a) the decedent dies after January thirty-first, two thousand; and", "(b) by reason of the death of the decedent property passes or is acquired from the decedent under a will executed or a trust created prior to February first, two thousand which contains a formula providing, in sum or substance, for a bequest of the maximum amount of property that can be sheltered from federal estate tax by reason of available credits against such tax; and", "(c) such formula was not amended at any time after January thirty-first, two thousand and before the death of the decedent, then, unless the instrument containing such formula specifically provides that there are non-tax reasons for taking the federal credit for state death taxes into account, such formula shall be deemed not to include a reference to the federal credit for state death taxes."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/2-1.12", "from_official_api": true, "plain_english": "For a decedent dying **after January 31, 2000**, an unamended pre-**February 1, 2000** will or trust formula giving the maximum amount sheltered by federal estate-tax credits is **read without including the federal state-death-tax credit**, unless the instrument specifically says non-tax reasons require including that credit. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/2-1.12", "publisher": "Elyphived LLC"}