Section 4-1.6. Disqualification of joint tenant in certain instances


Latest version.
  • Notwithstanding  any  other  provision of law to the contrary, a joint
      tenant convicted of murder in the second degree as  defined  in  section
      125.25  of  the  penal  law  or murder in the first degree as defined in
      section 125.27 of the penal law of another joint  tenant  shall  not  be
      entitled  to  the  distribution  of  any  monies in a joint bank account
      created  or contributed to by the  deceased  joint  tenant,  except  for
      those monies contributed by the convicted joint tenant.
        Upon  the  conviction  of  such joint tenant of first or second degree
      murder and upon application by the prosecuting attorney, the  court,  as
      part  of  its sentence, shall issue an order directing the amount of any
      joint bank account to be distributed pursuant to the provisions of  this
      section  from  the  convicted  joint  tenant  and  to the deceased joint
      tenant's estate. The court and the prosecuting attorney shall each  have
      the  power to subpoena records of a banking institution to determine the
      amount of money in such bank account and by whom deposits were made. The
      court shall also have the power to freeze such account upon  application
      by  the prosecuting attorney during the pendency of a trial for first or
      second degree murder. If, upon receipt of such court orders described in
      this section, the banking  institution  holding  monies  in  such  joint
      account  complies  with the terms of the order, such banking institution
      shall be held free from all liability for the distribution of such funds
      as were in such joint account. In the absence of actual or  constructive
      notice  of  such  order,  the banking institution holding monies in such
      account shall be held harmless for distributing the money  according  to
      its ordinary course of business.
        For  purposes of this section, the term banking institution shall have
      the same meaning as provided for in paragraph (b) of  subdivision  three
      of section nine-f of the banking law.