Unseld's Estate, In re

• Decision Date: 18 December 1964
• Citation: 44 Misc.2d 649,254 N.Y.S.2d 744
• Parties: In re UNSELD'S ESTATE. Application of Dorothea HALL, Executrix of the Last Will and Testament of Angelina Unseld, for the Determination of the Validity and Enforceability of a Claim of The Department of Mental Hygiene, against The Estate of Angelina Unseld, Deceased. Surrogate's Court, Nassau County
• Court: New York Surrogate Court

Page 744

254 N.Y.S.2d 744

44 Misc.2d 649

In re UNSELD'S ESTATE.

Application of Dorothea HALL, Executrix of the Last Will and

Testament of Angelina Unseld, for the Determination of the

Validity and Enforceability of a Claim of The Department of

Mental Hygiene, against The Estate of Angelina Unseld, Deceased.

Surrogate's Court, Nassau County.

Dec. 18, 1964.

Alfred J. Loew, Floral Park, for executrix.

Louis J. Lefkowitz, Atty. Gen., Frank J. Duval, New York City, of counsel, for Department of Mental Hygiene.

JOHN D. BENNETT, Surrogate.

In this proceeding under section 211-b of the Surrogate's Court Act, the validity of the claim of the Department of Mental Hygiene is in issue.

The testatrix died on December 16, 1963 leaving a daughter, Louise, a patient in the Kings Park State Hospital. The date this daughter entered the hospital is unknown but on March 6, 1952, a special agent of the Department of Mental Hygiene wrote the testatrix to the effect that although the actual cost of hospitalization for her daughter was $85 per month, they were willing to accept $12 per month toward this cost, but reserved the right under the statute to eventually file a claim against the mother's estate. The mother, the testatrix herein, having died, the Department has filed a claim for $5,376.67 for the period from March 6, 1952 through December 16, 1963.

The executor contends this claim is without basis in law as the statute which authorized such claims in 1952 was amended in 1956 and deleted parents as parties who could be held liable for the differential between the actual cost of hospitalization and maintenance and the amount set by the Commissioner.

Prior to 1956 the last sentence of section 24 of the Mental Hygiene Law, subdivision 1, read as follows: 'The commissioner in his discretion may accept payments for such services at less than the reimbursement rate but the acceptance of payments at less than the reimbursement rates shall not be construed to release the liable parties from liability for payment of the difference between the amount fixed, accepted or paid and the full reimbursement rate.' By Chapter 809 of the Laws of 1956, the Legislature amended this section by deleting from this sentence the words 'the liable parties' and in place thereof inserting the words 'a patient, his estate, committee or guardian, or the trustee of a trust fund established for his support, or any fiduciary or payee of funds for and on behalf of a patient.'

The memorandum of the Department of Mental Hygiene submitted to the Governor following the passage of the bill by the Legislature in 1956, stated that there were strong factors of equity in favor of amending this section to remove the authority to assess a...