Trusts, Estates & Probate

4.6

Drafting Third-Party Special Needs Trusts: Advanced Tactics and Sample Trust Language

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
OnDemand
3 hours 3 minutes
C. Blake West
Patricia Kefalas Dudek
With C. Blake West from Vertical Estate Planning, LLC + 1 other
Recorded June 25, 2024
Product ID 98722

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Overview

Strike the Right Balance Between Plentiful Accommodations to Beneficiaries and Sufficient Restrictions to Qualify for Benefits

There's a number of challenging aspects and specific uses to consider when drafting third-party special needs trusts. Balancing flexibility with restrictions, coordinating all moving parts, and planning for future uncertainties make drafting third-party SNTs particularly complex. This focused legal course walks through sample trust language and offers hard-won advice from experienced attorneys to ensure these uniquely versatile tools are used to their full potential. Hone your skills - register today!

  • Craft language that provides enough direction to the trustee to meet the beneficiary's needs without jeopardizing public benefits.
  • Choose the right trustee who understands the beneficiary's unique needs.
  • Avoid unintentional tax consequences.
  • Handle ambiguities in regard to future needs.

Abbreviated Agenda

  1. Drafting Tactics for Third-Party Special Needs Trusts (With Sample Trust Language)
  2. Coordinating Third-Party SNTs With Other Planning Tools and Others' Gifts and Bequests
  3. Tax Implications and Planning Strategies
  4. Addressing Disputes Through Litigation and No-Contest Clauses

Related Topics

Product ID 98722

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Drafting Tactics for Third-Party Special Needs Trusts (With Sample Trust Language)

    1. Drafting Critical Trustee Provisions
    2. Fine-Tuning Allowable Expenses and Distributions
    3. Use of Trust Advisers or Protectors for Third Parties to Retain Some Control
    4. Funding the Third-Party SNT With Proceeds of a Divorce Settlement
    5. Customizing Third-Party SNT Termination and Tie-In Provisions Based on Contributors' Preferences
    6. Are the Trust Funds Countable Resources for Purposes of SSI/Medicaid Eligibility?
    7. SNT Checklist and Sample Trust Review

  2. Coordinating Third-Party SNTs With Other Planning Tools and Others' Gifts and Bequests

  3. Tax Implications and Planning Strategies

    1. Optimizing Income Tax Treatment Based on Who is Funding the Trust
    2. Trust Administration Tax Issues

  4. Addressing Disputes Through Litigation and No-Contest Clauses

Who Should Attend

This legal guide is designed for attorneys. Experienced care professionals and paralegals will also benefit.

Speakers

C. Blake West
C. Blake
West
Vertical Estate Planning, LLC
Patricia E Kefalas Dudek
Patricia E.
Kefalas Dudek
Patricia E. Kefalas Dudek & Associates
Speaker bio
C. Blake West

C. Blake West

Vertical Estate Planning, LLC
C. Blake West

is a member of Vertical Estate Planning, LLC. He practices estate planning and elder law, including VA benefit, 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 was also on the Advisory Council for Elder Law Section of the Alabama State Bar in 2020-2022. He earned his B.S. degree from Auburn University and his J.D. degree from Birmingham School of Law.

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Speaker bio
Patricia E Kefalas Dudek

Patricia E. Kefalas Dudek

Patricia E. Kefalas Dudek & Associates
Patricia Kefalas Dudek

is the principal of Patricia E. Kefalas Dudek & Associates and the past chair of the Elder Law & Disability Rights Section of the State Bar of Michigan. Her practice concentrates in elder law, Medicaid, estate planning, estates/trust administration, probate, administrative law and disability advocacy. Ms. Dudek's practice includes advising and preparing estate planning documents, including special needs trusts; representation in Medicaid hearings to secure appropriate services; administration of estates, trusts, guardianship, conservatorship and other protective arrangements, and contested litigation in these areas. A prolific writer and lecturer on topics related to Medicaid, alternatives to guardianship and estate planning for people with disabilities, elders and their right to control their support services, Ms. Dudek was the author of the model contracts for Michigan's Medicaid Self Determination Initiative. These contracts facilitate control over Medicaid service budgets and allow for creative solutions for housing and supports. Another creative solution used by Ms. Dudek on behalf of her clients is the use of a Pooled Account Trust for Medicaid planning. She was the first attorney in Michigan to draft one of these trusts and to secure approval for Medicaid by both the Social Security Administration and the State of Michigan. Ms. Dudek has received numerous local and national awards for her advocacy. She is a contributing author for Representing the Elderly Client and the Special Needs Trust Handbook. Ms. Dudek earned her B.A. degree from Michigan State University and her J.D. degree from the Detroit College of Law (now the Michigan State University School of Law). She is a member of the Academy of Special Needs Planners, American Bar Association, State Bar of Michigan (member, Elder Law and Disability Rights Section), and a fellow of the National Academy of Elder Law Attorneys (NAELA).

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