In the Matter of the Trusts to be Established in the Matter of the Estate of Margaret A. Flood, Deceased

Donald D Vanarelli

Case Conclusion Date:November 20, 2009

Practice Area:Elder Law

Outcome:Application Granted.

Description:Hon. Patricia Del Bueno Cleary, J.S.C., a Superior Court Judge in Monmouth County, granted my motion authorizing my client, the Administrator of his mother’s intestate estate, to (1) establish two Supplemental Benefits Trusts to protect the intestate shares of the estate which passed to the decedent’s two disabled adult daughters, and (2) fund the trusts with the beneficiaries’ intestate shares. Both of the disabled daughters receive needs-based government benefits, and they would have lost their eligibility for the benefits if their intestate shares were distributed outright to them rather than in trust. Judge Cleary established the trusts after concluding that the intent of the deceased parent was to establish Supplemental Benefits Trusts for her disabled daughters had she not passed away first. Thereafter, the State of New Jersey filed a motion for reconsideration which Judge Cleary denied.