§ 104 — Recovery from a person discovered to have property

New York § 104

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Powers to Enforce Support
• Art. 3: Local Public Welfare Organization; Powers and Duties

Text

§ 104. Recovery from a person discovered to have property. 1. A public\nwelfare official may bring action or proceeding against a person\ndiscovered to have real or personal property, or against the estate or\nthe executors, administrators and successors in interest of a person who\ndies leaving real or personal property, if such person, or any one for\nwhose support he is or was liable, received assistance and care during\nthe preceding ten years, and shall be entitled to recover up to the\nvalue of such property the cost of such assistance or care. Any public\nassistance or care received by such person shall constitute an implied\ncontract. No claim of a public welfare official against the estate or\nthe executors, administrators and successors in interest of a person who\ndies leaving real or personal property, shall be barred or defeated, in\nwhole or in part, by any lack of sufficiency of ability on the part of\nsuch person during the period assistance and care were received.\n Nor shall the claim asserted by a public welfare official against any\nperson under this section be impaired, impeded, barred or defeated, in\nwhole or in part, on the grounds that another person or persons may also\nhave been liable to contribute.\n In all claims of the public welfare official made under this section\nthe public welfare official shall be deemed a preferred creditor.\n 2. No right of action shall accrue against a person under twenty-one\nyears of age by reason of the assistance or care granted to him unless\nat the time it was granted the person was possessed of money and\nproperty in excess of his reasonable requirements, taking into account\nhis maintenance, education, medical care and any other factors\napplicable to his condition.\n 3. To the extent described in section 7-1.12 of the estates, powers\nand trusts law, the trustee of a supplemental needs trust which conforms\nto the provisions of such section 7-1.12 shall not be deemed to be\nholding assets for the benefit of a beneficiary who may otherwise be the\nsubject of a claim under this section and no action may be brought\nagainst either the trust or the trustee to recover the cost of\nassistance or care provided to such person, or anyone for whose support\nsuch person is or was liable.\n 4. Any inconsistent provision of this chapter or of any other law\nnotwithstanding, a social services official may not assert any claim\nunder any provision of this chapter to recover payments of public\nassistance if such payments were reimbursed by child support\ncollections.\n