Legal Opinion

In re the Estate of Rhodes

New York Surrogate's Court

Decided September 25, 1990PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Marie M. Lambert, S.

This is an application by the Department of Social Services (DOSS) for a compulsory accounting by the voluntary administrator, Barry Vener. Mr. Vener qualified to administer this small estate as the executor named in decedent’s last will (SCPA 1303). He and his wife are the only beneficiaries of the will. .

*745DOSS’ standing here is based on its claim to recover $37,642.61 of Medicaid granted to decedent. Since the testamentary estate only consisted of miscellaneous tangibles of little value, the agency’s objective is to recoup its assistance by setting…

2Cases cited6 opinions

  1. In re the Estate of ColonNew York Surrogate's Court · 1975
  2. Crabb v. Estate of MagerAppellate Division of the Supreme Court of the State of New York · 1979
  3. Albert v. PeralesAppellate Division of the Supreme Court of the State of New York · 1989
  4. Cullen v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  5. Bandas v. EmperorNew York Supreme Court · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dexter v. KirschnerCourt of Appeals for the Ninth Circuit · 1992
  2. North Dakota Department of Human Services v. CarolineNorth Dakota Supreme Court · 2000
  3. Rice v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re the Accounting of GonzalezNew York Supreme Court · 1992
  5. In re the Estate of TomeckAppellate Division of the Supreme Court of the State of New York · 2006

4 more not listed; retrieve them via the Exa API.

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