{"jurisdiction": "us-ny", "code": "eptl", "section": "7-1.2", "citation": "EPTL § 7-1.2", "heading": "Trustee of passive trust not to take", "text": ["§ 7-1.2 Trustee of passive trust not to take", "Every disposition of property shall be made directly to the person in whom the right to possession and income is intended to be vested and not to another in trust for such person, and if made to any person in trust for another, no estate, legal or equitable, vests in the trustee. But neither this section nor 7-1.1 shall apply to trusts arising or resulting by implicaiton of law."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/7-1.2", "from_official_api": true, "plain_english": "Property should pass directly to the person meant to receive possession and income. If placed in a passive trust for that person, **no legal or equitable estate vests in the trustee**. ★ This rule and **§ 7-1.1** do not apply to trusts arising by implication of law.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/7-1.2", "publisher": "Elyphived LLC"}