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ESTATE OF BRUNILDA HOFFMAN, also known as BRUNILDA T. HOFFMAN, Deceased — This is an uncontested proceeding by the administrator, the decedent’s spouse who is also the guardian of the person of one of the decedent’s sons under a disability, to judicially settle his account and for leave to, inter alia, establish and fund a supplemental needs trust (SNT) for the benefit of that son with his distributive share of the estate. The petitioner is the proposed trustee of the SNT. Another son of the decedent is the proposed successor trustee.

The guardian ad litem appointed for the son under a disability reports that her ward has Down’s syndrome, receives Supplemental Security Income and Medicaid benefits, resides with an aunt in an apartment at the decedent’s former home in the Bronx and the petitioner currently pays his rent. With respect to the account, the guardian ad litem initially objected to the distributions to the petitioner and the other son, alleging that they exceeded the proper amounts to the detriment of her ward; however, the petitioner then amended the account to reconcile any overpayments and requested statutory commissions which partially offset any overpayment to himself. The guardian ad litem expresses concern over counsel’s request for an additional legal fee, but, otherwise, recommends approval of the application, as amended. The New York City Human Resources Administration (HRA), Mental Hygiene Legal Services, First Department (MHLS), and the Social Security Administration (SSA) were served with process, and there was no appearance in opposition.

 
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