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Surrogate Riordan Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119945 IN THIS proceeding to construe and reform decedent’s will, petitioner executor, decedent’s son, sought a decree construing or reforming the will to permit establishment and funding of a third-party supplemental needs trust (SNT) for the benefit of his sibling, John, who was alleged to suffer from renal kidney failure. The attorney general and Department of Social Services objected to the requested relief, asserting that reforming the will to create a SNT was an effort to rewrite the will to circumvent the payback provision on any lien owed to the state for Medicaid benefits paid to John. The court disagreed, finding the proposed reformation of the will met the criteria first enunciated in Matter of Escher and then in Estates Powers and Trust Law §7-1.12. It found decedent expressed her intention that the executor establish a trust for the purpose of supplementing government entitlements if a beneficiary was receiving such benefits. The court noted the requested reformation did not alter decedent’s testamentary plan, ruling the reformation was in John’s best interests. Thus, the court was satisfied the SNT conformed with EPTL §7-1.12, and granted the petition.

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