Legal Opinion

In re the Establishment of a Supplemental Needs Trust for Gillette

New York Surrogate's Court

Decided February 27, 2003PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Eugene E. Peckham, S.

This is a petition by Richard Gillette, a disabled person, for the establishment of a supplemental needs trust (SNT) for his benefit pursuant to EPTL 7-1.12. New York and federal law both permit the establishment of:

“[A] trust containing the assets of such a disabled individual which was established for the benefit of the disabled individual while such individual was under sixty-five years of age by a parent, grandparent, legal guardian, or court of competent jurisdiction, if upon the death of such individual the state will receive all amounts…

2Cases cited4 opinions

  1. Mohrmann v. KobNew York Court of Appeals · 1943
  2. In re the Estate of HarrisNew York Supreme Court · 1962
  3. In re the Estate of CarrickNew York Surrogate's Court · 1980
  4. In re NavaskyNew York Surrogate's Court · 1950

3Cited by7 opinions

  1. Conservatorship of the Estate of KaneCalifornia Court of Appeal · 2006
  2. State Street Associates, L.P. v. New York State Urban Development Corp. (In Re State Street Associates, L.P.)United States Bankruptcy Court, N.D. New York · 2005
  3. In re the Establishment of a Supplemental Needs Trust for KennedyNew York Surrogate's Court · 2004
  4. Carlson v. ColangeloNew York Court of Appeals · 2025
  5. In re CornSupreme Court of Arkansas · 2016

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