Conveyance of property of an incompetent or conservatee, · as in force on May 31, 2026
§ 3-4.4 Conveyance of property of an incompetent or conservatee,
previously disposed of specifically by will, not revocation or
ademption
In the case of a sale or other transfer by a committee or conservator, during the lifetime of its incompetent or conservatee, of any property which such incompetent or conservatee had previously disposed of specifically by will when he was competent or able to manage his own affairs, and no order had been entered setting aside the adjudication of incompetency at the time of such incompetent's death, or the conservatorship continued through the date of the conservatee's death, the beneficiary of such specific disposition becomes entitled to receive any remaining money or other property into which the proceeds from such sale or transfer may be traced.
If a committee or conservator sells or transfers property that an incompetent or conservatee specifically gave by will while competent, and the incapacity or conservatorship continues through death, the beneficiary receives any remaining money or other property traceable to the proceeds. ★
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.