Trusts, Estates & Probate

4.53

Supplemental Needs Trust Structures, Uses, and Key Provisions

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 54 minutes
Jennifer McInerney
Marie Yves Jean-Baptiste
C. Blake West
With Jennifer M. McInerney from McInerney Law + 2 others
Recorded January 19, 2024
Product ID 97898

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Overview

Improve Beneficiaries' Quality of Life Without Risking Eligibility

Help clients improve the beneficiaries' quality of life without jeopardizing the critical benefits. This essential legal guide to special needs trusts breaks down the process of choosing the right trust structure, drafting key provisions, funding, recordkeeping obligations, and more, Get a firm grip on how to effectively use SNTs to maximize the use of the grantors' funds to improve the lives of beneficiaries with special needs. Register today!

  • Clarify qualifications for SNT grantors, beneficiaries, and assets.
  • Comply with recordkeeping requirements for both SNTs and ABLE accounts.
  • Explore how SNTs and ABLE accounts can be used together to complement each other.
  • Discover what constitutes "qualified disability expenses."
  • Learn how to qualify SNTs for the elusive IRA stretch. 

Abbreviated Agenda

  1. Intro to Special Needs Trusts
  2. SNT Drafting Essentials
  3. ABLE Act Special Needs Savings Account: Coverage, Benefits, Eligibility Requirements
  4. Funding the Trust: Legal Essentials
  5. Recordkeeping to Withstand SSA Scrutiny
  6. Terminating SNTs: What You Need to Know
  7. Legal Ethics

Related Topics

Product ID 97898

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Intro to Special Needs Trusts

    1. Key Terms and Concepts
    2. Eligibility Criteria
    3. Tips for Choosing the Right Trust Type for Your Client
    4. Differentiating First-Party vs. Third-Party SNTs
    5. Primer on Pooled Trusts
    6. Qualified Disability Expenses
    7. Recent Case Law and Legislative Updates

  2. SNT Drafting Essentials

    1. SNTs: Key Provisions to Include (With Sample Trust Language)
    2. Setting Up a “See-Through” Trust to Qualify for IRA Stretch Exception
    3. Useful Tips for Building Flexibility Into Trusts
    4. Best Practices for Structuring Distribution Provisions
    5. Exempt Asset Purchase
    6. Boilerplate Language
    7. Top 5 Drafting Blunders to Avoid

  3. ABLE Act Special Needs Savings Account: Coverage, Benefits, Eligibility Requirements

    1. ABLE Account Eligibility Requirements
    2. Reporting Requirements
    3. Beneficiary Independence
    4. Contribution and Asset Limits
    5. Comparing State ABLE Programs
    6. Using the ABLE Account and a Third-Party Non-Pooled SNT Together

  4. Funding the Trust: Legal Essentials

    1. Source of Funding: Why It Matters
    2. Income Limits
    3. What Constitutes "Qualified Disability Expenses" (QDE)
    4. Balancing Between Personal Checking Account, ABLE Account, and SNT
    5. Expenses That Can Jeopardize SSI Benefits
    6. Other Limitations

  5. Recordkeeping to Withstand SSA Scrutiny

  6. Terminating SNTs: What You Need to Know

  7. Legal Ethics

    1. Guarding Confidentiality
    2. Client With Diminished Mental Capacity
    3. Who Is Your Client?
    4. Fiduciary Liability
    5. Attorney Fees and Trustee Fees

Who Should Attend

This legal guide is designed for attorneys. Accountants, trustees, and paralegals will also benefit.

Speakers

Jennifer M McInerney
Jennifer M.
McInerney
McInerney Law
Marie Yves N Jean-Baptiste
Marie Yves N.
Jean-Baptiste
The Saint Yves Law Firm
C. Blake West
C. Blake
West
Vertical Estate Planning, LLC
Speaker bio
Jennifer M McInerney

Jennifer M. McInerney

McInerney Law
Jennifer McInerney

is an attorney with Parmer Law, where her practice is focused in estate planning, primarily for families with special needs children. She is licensed to practice in Alabama and Mississippi. Ms. McInerney is the founding member and co-president of the Board of Directors of Special Siblings, which provides support for children with special needs siblings. She currently serves as the president of the Board of Directors of the Jefferson County Intellectual and Developmental Disability Authority. Ms. McInerney is a member of the Board of Directors for Down Syndrome Alabama, member of the Board of Directors for the Shelby Humane Society, and member of the Board of Directors for 25:35. She earned her B.A. degree, magna cum laude, as well as her M.A. degree, summa cum laude, from the University of Alabama at Birmingham. Ms. McInerney earned her J.D. degree from Indiana University School of Law and her LL.M. degree in taxation from Washington University in St. Louis.

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Speaker bio
Marie Yves N Jean-Baptiste

Marie Yves N. Jean-Baptiste

The Saint Yves Law Firm
Marie Yves Jean-Baptiste

is the managing owner of The Saint Yves Law Firm, where she focuses her practice on the areas of estates and trusts, and taxation. Ms. Jean-Baptiste earned her J.D. degree, her Masters of Law in taxation (LL.M.) and an estate planning certificate from the University of Baltimore School of Law. She has extensive experience in the areas of litigation, family law, estate planning, estate administration and probate, income tax preparation, and tax controversy matters. Ms. Jean-Baptiste makes it a part of her practice to assist individuals of the LGBTQIA+ community in the areas of family law, and estates and trusts when confronted with unique challenges, considerations, and issues when exercising legal rights. She is licensed to practice law in Maryland state and federal courts, United States Tax Court, and United States Supreme Court. Ms. Jean-Baptiste prioritizes pro bono activities, lending her services to organizations and individuals across Maryland that are in need. She is the former chairperson for the Baltimore County Bar Association Estates & Trusts Committee, where she coordinated meetings, events and educational programs for her estates and trusts peers. Ms. Jean-Baptiste is a member of the Executive Board for the Harford County Bar Foundation, an organization dedicated to serving members of Harford and Cecil counties.

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Speaker bio
C. Blake West

C. Blake West

Vertical Estate Planning, LLC
C. Blake West

is a sole practitioner practicing estate planning and elder law, including VA benefits, Medicaid planning, special needs provisions, and asset protection. He also deals with estate-related tax issues. Mr. Blake is a frequent lecturer and past vice president and president of Cullman County Bar Association. He earned his B.S. degree from Auburn University and his J.D. degree from Birmingham School of Law.

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