The motion court correctly denied the motion, because decedent's failure to complete the formalities associated with setting up the SNT prior to her death was fatal to the SNT's existence. Neither decedent nor the putative trustee executed or acknowledged the proposed trust agreement, and the SNT was never properly funded with the settlement proceeds (see EPTL 7–1.17, 7–1.18 ; Fasano v. DiGiacomo, 49 A.D.3d 683, 684–685, 853 N.Y.S.2d 657 [2d Dept.2008], lv. denied 11 N.Y.3d 710, 868 N.Y.S.2d 602, 897 N.E.2d 1086 [2008] ; see also Matter of Bishop v. Maurer, 73 A.D.3d 455, 455, 899 N.Y.S.2d 612 [1st Dept.2010] ). Accordingly, a valid SNT was never created.