SCPA 1919 lets an aggrieved party seek reimbursement when assets that should have gone toward a disposition decree are discovered, or otherwise reach the fiduciary, only after the decree is made.
Statutory Text
§ 1919. Restitution from assets subsequently discovered
Where a decree has been made for the application of the proceeds of real property as prescribed in this article and assets which should have been applied thereto are afterward discovered or for any other reason money or other personal property of the decedent, which should have been applied thereto, afterward comes to the hands of the fiduciary, legatee or distributee, the devisee or other person aggrieved may maintain a proceeding in the court to procure reimbursement therefrom.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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