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ESTATE OF ERIC LEE CHAN, Ward

ESTATE OF ERIC LEE CHAN, Ward (13/1530/A) — In this uncontested proceeding, the property guardians of Eric Lee Chan, a developmentally disabled person, ask the court to authorize the creation of a supplemental needs trust (SNT) for the benefit of their ward. The SNT will be funded with the ward's assets, currently held by the guardians in three custodial accounts.

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ESTATE OF ERIC LEE CHAN, Ward (13/1530/A) — In this uncontested proceeding, the property guardians of Eric Lee Chan, a developmentally disabled person, ask the court to authorize the creation of a supplemental needs trust (SNT) for the benefit of their ward. The SNT will be funded with the ward’s assets, currently held by the guardians in three custodial accounts.

The court reviews a proposed firstparty SNT to determine whether its provisions comply with the relevant statutory requirements and case law and whether the interests of the beneficiary are protected (EPTL 7-1.12[a][5]; SSL 366 [2][b][2][iii] [A]; 42 USC 1396p[d][4][A]; SCPA 207; see, Matter of Mental Hygiene Legal Serv. v. Bishop, 298 AD2d 644, 646; Matter of Goldblatt, 162 Misc 2d 888, 890; Matter of Danielle Marie Chase, NYLJ, Dec. 8, 2004, at 27, col 2). The trust properly provides that upon Eric’s death the state will receive the trust remainder up to an amount equal to the total assistance provided to Eric during his lifetime.

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