In re the Estate of LaPine

*385OPINION OF THE COURT

James D. Pagones, J.

The Attorney General of the State of New York has filed a petition seeking a decree directing beneficiaries of certain Totten trusts created by the decedent to refund those moneys to the estate in order to pay a claim of the Office of Mental Health. It coincides with a final accounting submitted by the estate representative.

The relevant facts are not in dispute. Decedent died intestate on October 8, 1989 survived by an adult daughter and a spouse from whom he had been estranged for over 35 years. A decree granting letters of administration to the…