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.
