Something to consider in estate planning documents.
Matter of Zhu, 2019 NY Slip Op 29146, Decided on May 16, 2019, Supreme Court, Westchester County Colangelo, J.:
“ORDERED that the Westchester Medical Center is hereby directed to retrieve sperm from the Petitioner’s son, PETER ZHU, and to provide such sperm to a sperm bank or similar facility of Petitioners’ choosing for storage until further Order of this Court regarding disposition of such sperm, and that the Westchester County Medical Center has the Court’s permission to release to said facility all information necessary to effect the transmission of such material to the sperm bank or other facility including but not limited to HIV and hepatitis related information.”
2. Any of the following persons, in the order of priority stated, may, when persons in prior classes are not reasonably available, willing, and able to act, at the time of death, and in the absence of actual notice of contrary indications by the decedent, or actual notice of opposition by a member of the same class or prior class specified in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision, or reason to believe that an anatomical gift is contrary to the decedent’s religious or moral beliefs, give all or any part of the decedent’s body for any purpose specified in section forty-three hundred two of this article:(a) the person designated as the decedent’s health care agent under article twenty-nine-C of this chapter, subject to any written statement in the health care proxy form,(b) the person designated as the decedent’s agent in a written instrument under article forty-two of this chapter, subject to any written statement in the written instrument,(c) the spouse, if not legally separated from the patient , or the domestic partner,(d) a son or daughter eighteen years of age or older,(e) either parent,(f) a brother or sister eighteen years of age or older,(g) a guardian of the person of the decedent at the time of his death,(h) any other person authorized or under the obligation to dispose of the body.
The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:(a) If a decedent is survived by:(1) A spouse and no issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.(2) A spouse and no issue, the whole to the spouse.(3) Issue and no spouse, the whole to the issue, by representation.(4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents..(5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation.” (Emphasis added).