Logourl black
From our private database of 14,100+ case briefs...

Matter of Kroll

New York Surrogate’s Court
971 N.Y.S.2d 863 (2013)


Moses Ratowsky created a trust for the benefit of his then-one-year-old grandson, Daniel Schreiber. Daniel’s mother, Rachel Schreiber (plaintiff), and Alan Kroll (plaintiff) were appointed co-trustees. The terms of the trust gave Daniel, once he turned 21, full access to trust principal, as well as regular, mandated distributions of trust income and principal. After the trust was established, Daniel developed several disabilities on account of which he received Medicaid and Supplemental Security Income benefits. Daniel was a teenager when Ratowsky died. Before Daniel turned 21, Kroll and Schreiber took steps to “decant” the existing trust assets into a new, supplemental needs trust in order to ensure Daniel would not lose his eligibility for disability benefits upon gaining access to the trust at age 21. Kroll and Schreiber petitioned the New York Surrogate’s Court of Nassau County to approve the decanting. The New York State Department of Health (State) (defendant), which oversaw the Medicaid program in New York, opposed the transfer of assets into a new trust.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.


The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (McCarty III, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 223,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.