§ 7-3.5 Rights of creditors to obtain information concerning\n beneficiaries\n (a) Any person who has furnished necessaries to a beneficiary of any\ntrust may apply to the court having jurisdiction of the trust for an\norder directing the trustee thereof to furnish to the applicant the true\nand full name and residence address of any such beneficiary. As used in\nthis section, the term "necessaries" means goods furnished and services\nperformed suitable to the condition in life of the person to whom they\nare furnished or for whose benefit they are performed, and which meet\nhis actual needs at the time such necessaries are provided.\n (b) The application shall be made by a verified petition which states\n(1) the name and address of petitioner, (2) the nature and extent of the\nnecessaries provided, (3) the person by whom and the circumstances under\nwhich they were provided, (4) the amount of the indebtedness claimed to\nexist, (5) the name of the person to whom or for whose benefit such\nnecessaries were provided, (6) a description of the trust of which the\nperson to whom such necessaries were provided is a beneficiary and (7)\nthe name of the trustee administering such trust.\n (c) Such petition shall also show the efforts made by the petitioner\nto locate the beneficiary and that more than ten days have elapsed since\npetitioner requested in writing that the trustee furnish the address of\nany such beneficiary. The petition may contain such other information as\nis relevant to the inquiry.\n (d) The proceeding may be initiated by citation or order to show cause\nserved on the trustee personally or in such manner and at such time as\nthe court may direct. A copy of the petition shall be served with the\nprocess.\n (e) Upon the return of the process the court, if satisfied that the\nallegations of the petition are true and that the petitioner is entitled\nto the relief sought, may make an order directing the trustee to furnish\nto petitioner the true and full name and residence address of any\nbeneficiary to whom necessaries were provided. The order may fix the\ntime within which such name and address shall be furnished. Failure to\ncomply with an order so made shall be punishable as a contempt of court.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.