N.Y. Social Services Law § 104: Recovery from a person discovered to have property

§ 104. Recovery from a person discovered to have property. 1. A public

welfare official may bring action or proceeding against a person

discovered to have real or personal property, or against the estate or

the executors, administrators and successors in interest of a person who

dies leaving real or personal property, if such person, or any one for

whose support he is or was liable, received assistance and care during

the preceding ten years, and shall be entitled to recover up to the

value of such property the cost of such assistance or care. Any public

assistance or care received by such person shall constitute an implied

contract. No claim of a public welfare official against the estate or

the executors, administrators and successors in interest of a person who

dies leaving real or personal property, shall be barred or defeated, in

whole or in part, by any lack of sufficiency of ability on the part of

such person during the period assistance and care were received.

Nor shall the claim asserted by a public welfare official against any

person under this section be impaired, impeded, barred or defeated, in

whole or in part, on the grounds that another person or persons may also

have been liable to contribute.

In all claims of the public welfare official made under this section

the public welfare official shall be deemed a preferred creditor.

2. No right of action shall accrue against a person under twenty-one

years of age by reason of the assistance or care granted to him unless

at the time it was granted the person was possessed of money and

property in excess of his reasonable requirements, taking into account

his maintenance, education, medical care and any other factors

applicable to his condition.

3. To the extent described in section 7-1.12 of the estates, powers

and trusts law, the trustee of a supplemental needs trust which conforms

to the provisions of such section 7-1.12 shall not be deemed to be

holding assets for the benefit of a beneficiary who may otherwise be the

subject of a claim under this section and no action may be brought

against either the trust or the trustee to recover the cost of

assistance or care provided to such person, or anyone for whose support

such person is or was liable.

4. Any inconsistent provision of this chapter or of any other law

notwithstanding, a social services official may not assert any claim

under any provision of this chapter to recover payments of public

assistance if such payments were reimbursed by child support

collections.