Section 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.