In re Stein

OPINION OF THE COURT

Spatt, J.

The narrow issue presented on this appeal is purely a question of law which has not been previously addressed by any appellate court in this State. Does EPTL 13-3.3 (a) (1) require that a trust instrument be executed prior to the designation of a trustee as beneficiary of a life insurance policy as a prerequisite to that designated beneficiary’s right to receive the proceeds of the life insurance policy? We hold that the 1976 amendment to the subject statute directs that the proceeds of a life insurance policy may be made payable to a trustee designated as…