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Answer Bar: Considering a Special Needs Trust

Contains material from Apr 2021 to Apr 2023

Answer Bar: Considering a Special Needs Trust
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Session 1: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations.

Session 2: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. 

Session 3: Redlining the Basics of a SNT - Dissect a basic third party SNT to highlight the various provisions and boilerplate language that make the SNT a unique animal in the special needs planning ecosystem.

Session 4: Maximizing Public Benefits - Review the basics of SSI, Medicaid and other disability benefits that trustees must know and protect; and catch up on recent changes and trends affecting trust beneficiaries who depend on those benefits.

Session 5: Working Together: Texas ABLE Accounts and Special Needs Trusts - Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts.

Session 6: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track.  

Session 7: Reporting a Trust - Address practical steps in determining when, how, and to whom special needs trusts should be reported.

Session 8: Pooled Trusts: Your Answer to Transfers and Over 65 Strategies - Is the size of a trust no longer economically feasible? Are you worried about a transfer of assets penalty? A pooled trust sub-account be a better fit! Discuss transfers from a D4A to a D4C, the authority, the pitfalls and the successes. Solutions for people over 65 who need a self-settled SNT are limited but a pooled trusts and the “half-a-loaf” strategy may be considered as an appropriate option.

Session 9: SSA Regional Trust Leads Presentation Regarding SSI Trusts - The SSI trust review business process requires evaluation of trusts that need a resource determination (such as new trusts or amended trusts) in all initial claim and post-eligibility events. Regional Trust Leads and Trust Reviewers evaluate trusts to determine if they meet the SSI eligibility requirements of (d)(4)(A) and (C). This session provides background information, describes the basic eligibility requirements, and provides applicable examples. In addition, hear the latest regarding recent Program Operations Manual System updates and the number of trust review cases SSA reviews.

Session 10: Masters of SNT—What I Know Now That I Wish I Had Known Back Then - Four of our most experienced SNT attorneys share what they have learned that they don’t usually talk about on microphones: how they have found the work they love; developed a passion for forms and systems; attracted and selected the best clients; built supportive and inspiring networks; and learned from their mistakes.

Includes: Video Audio Paper Slides


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1. Public Benefits Overview and Key Concepts (Mar 2022)

Stephen W. Dale, Haley D. Greer

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(mp4)
58 mins
(mp3)
58 mins
(pdf)
9 pgs
(pdf)
17 pgs
Session 1 —58 mins
Public Benefits Overview and Key Concepts (Mar 2022)

Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations.

Originally presented: Feb 2022 Essentials for Special Needs Planning

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Haley D. Greer, The ARC Of Texas - Austin, TX

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2. Special Needs Trusts 101: The Basics (Apr 2023)

Molly Dear Abshire

1.00 0.00 0.00
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(mp4)
64 mins
(mp3)
64 mins
(pdf)
52 pgs
(pdf)
26 pgs
Session 2 —64 mins
Special Needs Trusts 101: The Basics (Apr 2023)

An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. 

Originally presented: Feb 2023 Special Needs Trusts

Molly Dear Abshire, Wright Abshire Attorneys, P.C. - Bellaire, TX

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3. Redlining the Basics of a SNT (Apr 2023)

Benecia Flores, John B. Henry III

0.75 0.25 0.00
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(mp4)
44 mins
(mp3)
44 mins
(pdf)
54 pgs
Session 3 —44 mins
Redlining the Basics of a SNT (Apr 2023)

Dissect a basic third party SNT to highlight the various provisions and boilerplate language that make the SNT a unique animal in the special needs planning ecosystem.

Originally presented: Feb 2023 Special Needs Trusts

Benecia Flores, Petrosewicz Law Firm, P.C. - Richmond, TX
John B. Henry III, Law Office of John B. Henry, III, PLLC - Bellaire, TX

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4. Maximizing Public Benefits (Apr 2023)

H. Clyde Farrell, Christina Lesher

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(mp4)
59 mins
(mp3)
59 mins
(pdf)
257 pgs
(pdf)
16 pgs
Session 4 —59 mins
Maximizing Public Benefits (Apr 2023)

Review the basics of SSI, Medicaid and other disability benefits that trustees must know and protect; and catch up on recent changes and trends affecting trust beneficiaries who depend on those benefits.

Originally presented: Feb 2023 Special Needs Trusts

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX
Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX

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5. Working Together: Texas ABLE Accounts and Special Needs Trusts (Mar 2023)

Linda Fernandez, Anna Mallett, Rob Percival

1.00 0.00 0.00
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(mp4)
61 mins
(pdf)
28 pgs
Session 5 —61 mins
Working Together: Texas ABLE Accounts and Special Needs Trusts (Mar 2023)

Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts.

Originally presented: Feb 2023 Working Together: Texas ABLE Accounts and Special Needs Trusts

Linda Fernandez, Texas Comptroller of Public Accounts - Austin, TX
Anna Mallett, Texas Comptroller of Public Accounts - Austin
Rob Percival, Orion Advisor Solutions - Omaha, NE

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6. Initial Client Meeting Guidance and Resources (Apr 2022)

Benecia Flores

0.50 0.00 0.00
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(mp4)
29 mins
(mp3)
29 mins
(pdf)
19 pgs
Slides
(pdf)
5 pgs
Session 6 —29 mins
Initial Client Meeting Guidance and Resources (Apr 2022)

Exploring the art of focusing client appointments and staying on track.

Originally presented: Feb 2022 Special Needs Trusts

Benecia Flores, Petrosewicz Law Firm, P.C. - Richmond, TX

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7. Reporting a Trust (Apr 2021)

Jennifer L. Coulter

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
30 mins
(pdf)
16 pgs
Session 7 —30 mins
Reporting a Trust (Apr 2021)

Address practical steps in determining when, how, and to whom special needs trusts should be reported.

Originally presented: Mar 2021 Special Needs Trusts

Jennifer L. Coulter, Townsend Allala, Coulter & Kludt, PLLC - El Paso, TX

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8. Pooled Trusts: Your Answer to Transfers and Over 65 Strategies  (Apr 2021)

Haley D. Greer

0.75 0.25 0.00
Preview Materials

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
13 pgs
(pdf)
7 pgs
Session 8 —45 mins
Pooled Trusts: Your Answer to Transfers and Over 65 Strategies  (Apr 2021)

Is the size of a trust no longer economically feasible? Are you worried about a transfer of assets penalty? A pooled trust sub-account be a better fit! Discuss transfers from a D4A to a D4C, the authority, the pitfalls and the successes. Solutions for people over 65 who need a self-settled SNT are limited but a pooled trusts and the “half-a-loaf” strategy may be considered as an appropriate option.

Originally presented: Mar 2021 Special Needs Trusts

Haley D. Greer, The Arc of Texas - Austin, TX

Show session details

9. SSA Regional Trust Leads Presentation Regarding SSI Trusts (Apr 2023)

Amanda Flood, Dana Marquez

1.00 0.00 0.00
Preview Materials

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(mp4)
59 mins
(mp3)
59 mins
(pdf)
20 pgs
Session 9 —59 mins
SSA Regional Trust Leads Presentation Regarding SSI Trusts (Apr 2023)

The SSI trust review business process requires evaluation of trusts that need a resource determination (such as new trusts or amended trusts) in all initial claim and post-eligibility events. Regional Trust Leads and Trust Reviewers evaluate trusts to determine if they meet the SSI eligibility requirements of (d)(4)(A) and (C). This session provides background information, describes the basic eligibility requirements, and provides applicable examples. In addition, hear the latest regarding recent Program Operations Manual System updates and the number of trust review cases SSA reviews.

Originally presented: Feb 2023 Special Needs Trusts

Amanda Flood, U.S. Social Security Administration - Dallas, TX
Dana Marquez, U.S. Social Security Administration - Dallas, TX

Show session details

10. Masters of SNT—What I Know Now That I Wish I Had Known Back Then (Apr 2021)

H. Clyde Farrell, Mary Alice Jackson, Renée C. Lovelace, Elisa Dillard Rainey, Patricia F. Sitchler

0.75 0.25 0.00
Preview Materials

Download session materials for offline use

(mp4)
46 mins
(mp3)
45 mins
(pdf)
23 pgs
(pdf)
10 pgs
Session 10 —46 mins
Masters of SNT—What I Know Now That I Wish I Had Known Back Then (Apr 2021)

Four of our most experienced SNT attorneys share what they have learned that they don’t usually talk about on microphones: how they have found the work they love; developed a passion for forms and systems; attracted and selected the best clients; built supportive and inspiring networks; and learned from their mistakes.

Originally presented: Mar 2021 Special Needs Trusts

H. Clyde Farrell, Farrell & Johnson PLLC - Austin, TX
Mary Alice Jackson, Boyer & Boyer P.A. - Sarasota, FL
Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
Elisa Dillard Rainey, Rainey & Rainey, Attorneys at Law LP - Waco, TX
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX