Section 13-3.4. Payment or delivery of property to foreign fiduciaries  


Latest version.
  • (a)   Whenever   any  foreign  fiduciary,  by  whatever  title  he  is
      designated, of the property  or  estate  of  a  non-domiciliary  infant,
      incompetent  or  decedent  is  authorized,  by  the  laws of the foreign
      jurisdiction where  the  infant  or  incompetent  is  domiciled  or  the
      decedent  was  domiciled,  to  receive  any  personal  property  in  the
      possession or control of any person or fiduciary  in  this  state,  such
      person  or  fiduciary  may  pay  or deliver the property to such foreign
      fiduciary without an order of the court, and the receipt and acquittance
      from such foreign fiduciary is a sufficient release and discharge of the
      person or fiduciary paying or delivering such property. For purposes  of
      this  section  the  status  of  a person as an "infant" or "incompetent"
      shall be determined by the law of his domicile.
        (b) No person or  fiduciary  shall  be  released  and  discharged,  as
      provided in paragraph (a), who:
        (1)  Has received written notice of the appointment, in this state, of
      a principal or ancillary representative of the property or estate, or of
      the existence of creditors, in this state, of such  infant,  incompetent
      or decedent.
        (2)  In the case of a testamentary disposition or a distributive share
      of a  decedent's  estate,  has  reason  to  believe  that  such  foreign
      fiduciary  or the persons whom he represents would not have the benefit,
      use or control of such disposition or distributive share.