ESTATE OF KATZ, Deceased

ESTATE OF KATZ, Deceased. (07/364/D/E) — Petitioners, Deborah Bohbot and Karen Katz, Trustees of the Joseph Charles Katz Supplemental Needs Trust, have moved for summary judgment seeking to construe and reform decedent's Last Will and Testament. Said Will created the Joseph Charles Supplemental Needs Trust and the Elizabeth M. Katz Supplemental Needs Trust, which according to the drafting attorney, erroneously contained a pay back provision. The Petitioners are now seeking to construe and reform the provisions of the Will relating to both Trusts, to eliminate the pay back provisions in order to adhere to decedent's intent. Respondent and creditor, NYC Human Resources Administration, hereinafter referred to as "HRA", opposes said reformation because the language of the testamentary instrument is clear and does not need construction nor reformation. Both Guardians ad Litem appointed to protected the interest of minor children, who may benefit from the reformation of the trust, support the Petitioners' construction and reformation request. Papers were submitted by all attorneys prior to November 19, 2014 and oral argument was heard by the Surrogate on that date. Thereafter, on January 15, 2015, HRA submitted additional papers to support their position, which Petitioners argue was an untimely submission.

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ESTATE OF KATZ, Deceased. (07/364/D/E) — Petitioners, Deborah Bohbot and Karen Katz, Trustees of the Joseph Charles Katz Supplemental Needs Trust, have moved for summary judgment seeking to construe and reform decedent’s Last Will and Testament. Said Will created the Joseph Charles Supplemental Needs Trust and the Elizabeth M. Katz Supplemental Needs Trust, which according to the drafting attorney, erroneously contained a pay back provision. The Petitioners are now seeking to construe and reform the provisions of the Will relating to both Trusts, to eliminate the pay back provisions in order to adhere to decedent’s intent. Respondent and creditor, NYC Human Resources Administration, hereinafter referred to as “HRA”, opposes said reformation because the language of the testamentary instrument is clear and does not need construction nor reformation. Both Guardians ad Litem appointed to protected the interest of minor children, who may benefit from the reformation of the trust, support the Petitioners’ construction and reformation request. Papers were submitted by all attorneys prior to November 19, 2014 and oral argument was heard by the Surrogate on that date. Thereafter, on January 15, 2015, HRA submitted additional papers to support their position, which Petitioners argue was an untimely submission.

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ESTATE OF KATZ, Deceased

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