On July 10, 2009, Judge Patricia Del Bueno Cleary, a Superior Court Judge in Monmouth County, NJ, entered an Order authorizing the Administrator of an intestate estate to establish two Supplemental Benefits Trusts within an intestate estate to protect the intestate shares of a deceased parent’s estate which passed to the parent’s two disabled adult children. Both of the disabled adult children 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 children had she not passed away first. Judge Cleary’s ruling is another step forward in protecting the disabled population in New Jersey.
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