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Wills, Trusts & Estates Keyed to Bonfield
Matter of Rappaport
Citation:
866 N.Y.S.2d 483 (Surr. Ct. 2008)Facts
Rose died on August 31, 2006, survived by four children: Irwin Rappaport (the petitioner), Karen Brecher, Joel Rappaport (who later died in December 2007), and Susan Rappaport, who is disabled. Her will was admitted to probate on March 7, 2007, with Irwin, Karen, and Joel appointed as co-executors. The will’s fourth article established a trust for Susan’s benefit, providing her with income during her lifetime and allowing discretionary principal distributions for her health and maintenance. Upon her passing, the remaining principal and accrued income were to be distributed to her siblings. Irwin petitioned to reform the trust into a third-party supplemental needs trust to better accommodate Susan’s needs. The court appointed Ernest T. Bartol as guardian ad litem to represent Susan’s interests. Mr. Bartol’s report referenced an April 23, 2008, Article 81 hearing where Judge Joel K. Asarch determined that Susan had certain limitations and appointed Irwin as her guardian, though the formal order was pending. After reviewing the proposed supplemental needs trust, Mr. Bartol recommended modifying the will to establish it.
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