Hoelzer v. Blum
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*606OPINION OF THE COURT
NIEHOFF, J.
In this matter we are called upon to answer the following questions:
1. Should the petitioner, the trustee of a trust for the benefit of her sister, Norma Reichenbacher, a patient at the Montclair Nursing Home, be required to apply to the court for permission to invade the $60,000 trust corpus in order to pay for the care of Norma?
2. Did petitioner abuse her discretion by refusing to invade the $60,000 trust corpus in order to pay for the care of Norma?
3. Was the trust corpus an available resource under the Social Services Law for medical assistance eligibility…
2Cases cited9 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In re the Estate of EscherNew York Surrogate's Court · 1978
- In re GrossNew York Court of Appeals · 1981
- Maul v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1980
- Moffett v. BlumAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cohen v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 1996
- Trust Co. of Oklahoma v. State Ex Rel. Department of Human ServicesSupreme Court of Oklahoma · 1991
- Chenot v. BordeleauSupreme Court of Rhode Island · 1989
- Department of Mental Health & Developmental Disabilities v. PhillipsIllinois Supreme Court · 1986
- Tutino v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990
9 more not listed; retrieve them via the Exa API.