In re the Estate of Street

OPINION OF THE COURT

Arnold F. Ciaccio, J.

In this estate proceeding, the Monroe County Department of Social Services (MCDSS) as intervenor requests the court to authorize and direct the guardian ad litem to exercise on behalf of his ward a spousal right of election against the will of the decedent, Dorothy Street. MCDSS maintains that the exercise of the right of election is a condition of Medicaid eligibility and failure to take advantage of this election will result in a denial of benefits.

In her will Dorothy Street left in trust the sum of $2,000 to be used for the "comfort” of her husband,…