§ 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.