ESTATE OF MAYNARD CASSADY KENT. (xxxx)

ESTATE OF MAYNARD CASSADY KENT. (xxxx) — Respondent in this proceeding to establish an irrevocable, first-party supplemental needs trust ("SNT"), Maynard Cassady Kent, is a disabled adult under the age of 65, who retains the mental capacity to understand this proceeding. He receives certain government benefits, but he is to receive an inheritance from his father's estate, which the petition requests be used to fund the SNT. Petitioners, his brother-in-law, Richard Leska, and one of his sisters, Hannah Kent, are the proposed co-trustees. A proposed trust instrument for the approval of the court was provided with the petition and has been modified in accordance with the court's instructions. In addition to the proposed co-trustees, another sister, Sarah Kent is nominated as successor trustee. The petition is unopposed.

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ESTATE OF MAYNARD CASSADY KENT. (xxxx) — Respondent in this proceeding to establish an irrevocable, first-party supplemental needs trust (“SNT”), Maynard Cassady Kent, is a disabled adult under the age of 65, who retains the mental capacity to understand this proceeding. He receives certain government benefits, but he is to receive an inheritance from his father’s estate, which the petition requests be used to fund the SNT. Petitioners, his brother-in-law, Richard Leska, and one of his sisters, Hannah Kent, are the proposed co-trustees. A proposed trust instrument for the approval of the court was provided with the petition and has been modified in accordance with the court’s instructions. In addition to the proposed co-trustees, another sister, Sarah Kent is nominated as successor trustee. The petition is unopposed.

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 Mental Hygiene Legal Serv. v. Bishop, 298 AD2d 644, 646 [3d Dept 2002]; Matter of Kennedy, 3 Misc 3d 907 [Sur Ct, Nassau County 2004]; Matter of Goldblatt, 162 Misc 2d 888, 890 [Sur Ct, Nassau County 1994]; Matter of Danielle Marie Chase, NYLJ, Dec 8, 2004, at 27, col 2 [Sur Ct, Westchester County]). The trust properly provides that the State will receive all amounts remaining in the trust upon the death of the beneficiary, up to an amount equal to the total medical assistance paid to the beneficiary during his lifetime.

ESTATE OF MAYNARD CASSADY KENT. (xxxx)

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