• Surrogate's Court, Bronx County
  • 13/1953
  • Sep 06 2017 (Date Decided)
  • Surrogate Malave-Gonzalez
IN THE MATTER OF THE FUNDING OF A SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF LLOYD W. (13/1953) — In these two uncontested proceedings, the administrator, one of the decedent's two sons and only distributees, petitions to judicially settle his account and place the distributive share of the other son, who is under a disability, in a supplemental needs trust (SNT) for that son's benefit, and for an award of attorneys' fees. The court previously held the SNT application in abeyance as premature until an account was filed in the decedent's estate and directed certain changes to be made to the original SNT document (see Matter of Lloyd W., NYLJ, Jan. 16, 2015, at 24, col 1 [Sur Ct, Bronx County 2015]). As the executor has now filed an account, the SNT proceeding is now restored to the calendar and consolidated with the accounting proceeding. During the pendency of these proceedings, it was discovered that the son under a disability was over the age of 65, and the petitions in each proceeding were amended to seek authority to place the distributive share of the son under a disability into the NYSARC, Inc. Community Trust (the pooled trust) in lieu of an SNT. The nominated SNT trustee filed a resignation and consents to that amended application.

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