X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASESEstate of Robert Anthony Ruocco, Deceased; 2016-2085/A In this uncontested application, the petitioner, who is the executor and sole testamentary beneficiary of the will of her long-time companion, which was admitted to probate pursuant to decree dated September 28, 2016, now seeks to establish and fund a supplemental needs trust (SNT) for her benefit. The SNT is to be funded with the petitioner’s distributive share in the companion’s estate whose assets consist of the proceeds of a pending personal injury cause of action which were directed by the court to be paid to the petitioner, as executor of the companion’s estate and its sole testamentary residuary beneficiary (see Matter of Ruocco, NYLJ, Mar. 12, 2019 at 23, col 1 [Sur Ct, Bronx County 2019]).In support of the application, the petitioner’s attorney affirms that she is under 65 years of age, under a physical disability but otherwise possesses mental capacity, and receives Medicaid and SSI benefits. Jurisdiction was obtained over the New York City Human Resources Administration (HRA), without any appearance in opposition. His affirmation of services states that 9 hours were expended in this application. Although his hourly billing rate is $475, he seeks a reduced fee of $3500 and requests an additional $210 for the filing fee herein.The court bears the ultimate responsibility for approving legal fees that are charged to an estate and has the discretion to determine what constitutes reasonable compensation based on a number of factors (see Stortecky v. Mazzone, 85 NY2d 518 [1995]); Matter of Freeman, 34 NY2d 1 [1974]). After considering the necessary factors, the court awards legal fees and disbursements in the reduced sums requested.In the absence of any opposition, and that it appearing that the petitioner is a person with alleged severe and chronic disabilities, in that these disabilities are expected to, and do, give rise to a long-term need for specialized health, mental health, developmental disabilities, social or other related services, and who may need to rely on government benefits or assistance (EPTL 7-1.12), this application for leave to establish and fund the SNT is granted (EPTL 7-1.12). The SNT is to be modified and amended as follows: (1) Schedule A is to be appended to the trust document detailing the amounts and sources of assets that are to fund the SNT; (2) Paragraph 4.9 shall provide that no compensation shall be paid to the Trustee except as allowed by the court; (3) Paragraph 5.2 shall provide for additional notification to HRA at 150 Greenwich Street, 38th Floor, New York, N.Y. 10007.On this state of the record, this decision constitutes the order of the court directing the sum of $3,710 allowed to petitioner’s counsel in reimbursement of disbursements and for all services rendered and to be rendered in connection with this proceeding is to be paid from the petitioner’s distributive share of the pending settlement in the companion’s estate prior to the funding of the SNT, and the settling defendant shall pay the remaining settlement proceeds to the amended SNT established for the petitioner.Notwithstanding the lack of any opposition, the proposed decree and amended trust document in this proceeding and the decree in the miscellaneous proceeding in the companion’s estate (see Matter of Ruocco, File No.: 2016-2085/A) shall be settled upon HRA, the proposed SNT trustee and the successor trustee.Settle decrees and proceed accordingly.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›

Exciting Career Opportunities at Nuzzo & Roberts! Nuzzo & Roberts, a leading mid-sized insurance defense firm based in Cheshire, CT...


Apply Now ›