eConference

2021 Special Needs Trusts eConference

Contains material from Apr 2021

2021 Special Needs Trusts eConference
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The 17th Annual Changes and Trends Affecting Special Needs Trusts virtually brings together nationally recognized professionals in the SNT field, features the latest updates and hot topics, and offers a great set of materials including sample forms, drafting tips, sample language, and resources. This year’s virtual program includes:
 
  • An overview of special needs trusts essentials, including information on SNT basics, updates on maximizing public benefits, transfers to pooled trusts, and ABLE updates and basics.
  • SNT Lagniappe – Forms to Support Your SNT Practice.
  • The Masters of SNT—What I Know Now That I Wish I Had Known Back Then.
  • Learn about tax basics of a SNT along with information on planning for the estate tax exemption.
  • Insight on the housing problems and solutions for housing beneficiaries and real estate in trusts.
  • A variety of other SNT topics, including program benefits for family caregivers, guiding family trustees, reporting for trusts, SSI applications process for children and adults, and more.

Includes: Video Audio Paper Slides No Materials


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1. SNT Basics (Apr 2021)

Molly Abshire

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(mp4)
63 mins
(mp3)
63 mins
(pdf)
51 pgs
(pdf)
26 pgs
Session 1 —63 mins
SNT Basics (Apr 2021)

Take a look at special needs trusts and things to consider when selecting the appropriate option. Gain insight on the intersection of trusts with governmental benefits and delve into the types of special needs trust with case examples.

Originally presented: Mar 2021 Special Needs Trusts

Molly Abshire, Wright Abshire, Attorneys - Bellaire, TX

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2. Trustee Bootcamp-Checklists for the New Trustee (Apr 2021)

Dave Folz

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(mp4)
45 mins
(mp3)
44 mins
(pdf)
30 pgs
Slides
(pdf)
5 pgs
Session 2 —45 mins
Trustee Bootcamp-Checklists for the New Trustee (Apr 2021)

The complexity of trust administration has increased rapidly over the years. While the needs of the beneficiaries have become more complex (complicated families, investments, social media, and changing tax laws), the responsibilities, duties, and liabilities of the trustee have not changed. The presentation includes 12 administrative checklists that a trustee can use to get to a better outcome for the beneficiaries and for the trustee to minimize their liability.

Originally presented: Mar 2021 Special Needs Trusts

Dave Folz, Trust Counselor LLC - Dallas, TX

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3. Maximizing Public Benefits: Basics and Updates (Apr 2021)

Christina Lesher, Bryn A. Poland

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(mp4)
59 mins
(mp3)
59 mins
(pdf)
246 pgs
(pdf)
17 pgs
Session 3 —59 mins
Maximizing Public Benefits: Basics and Updates (Apr 2021)

Medicaid and public benefits basics will be covered as well as the latest updates on Medicaid and public basics changes.

Originally presented: Mar 2021 Special Needs Trusts

Christina Lesher, The Law Office of Christina Lesher, PC - Houston, TX
Bryn A. Poland, Mayo & Poland PLLC - Baytown, TX

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

Haley D. Greer

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
13 pgs
(pdf)
7 pgs
Session 4 —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

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5. Reporting a Trust (Apr 2021)

Jennifer L. Coulter

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
16 pgs
Session 5 —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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6. Case Law and Legislative Update (Apr 2021)

John B. Henry III

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
17 pgs
(pdf)
16 pgs
Session 6 —44 mins
Case Law and Legislative Update (Apr 2021)

An exploration and analysis of recent Texas and national cases and legislation involving special needs trusts.

Originally presented: Mar 2021 Special Needs Trusts

John B. Henry III, Law Office of John B. Henry, III, PLLC - Bellaire, TX

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7. ABLE Updates and Basics (Apr 2021)

Stephen W. Dale, Peter J. Wall

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
32 pgs
(pdf)
20 pgs
Session 7 —44 mins
ABLE Updates and Basics (Apr 2021)

This session will provide an overview of Achieving a Better Life Experience (ABLE) accounts and their utility in trust administration and planning. Coordination with Special Needs Trusts (SNTs) and short- and long-term planning with ABLE accounts will be reviewed, including facets of distribution mechanisms and public benefits eligibility. The presenters will provide case studies and recent case law as examples of prudent utilization of ABLE accounts.

Originally presented: Mar 2021 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Peter J. Wall, True Link Financial - Denver, CO

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8. Paying the Family Caregiver (Apr 2021)

Terry Garrett, Melanie Ibarra

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
24 pgs
(pdf)
16 pgs
Session 8 —30 mins
Paying the Family Caregiver (Apr 2021)

With declining tax revenues and increased infection risk, more people will be cared for at home. Finding ways for family members to provide care while not sacrificing their own or other family members' well-being is both necessary and challenging.

Originally presented: Mar 2021 Special Needs Trusts

Terry Garrett, The Garrett Law Firm, PLLC - Austin, TX
Melanie Ibarra, The Garrett Law Firm, PLLC - Austin, TX

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9. Housing for Persons with Special Needs - Housing Challenges and Solutions  (Apr 2021)

Nancy Sosa, Patricia F. Sitchler, Theresa M. Varnet

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(mp4)
58 mins
(mp3)
58 mins
(pdf)
140 pgs
(pdf)
71 pgs
Session 9 —58 mins
Housing for Persons with Special Needs - Housing Challenges and Solutions  (Apr 2021)

Address a variety of housing options and how special needs trusts can partner with existing government benefit programs to enhance housing opportunities for beneficiaries and an overview of barriers to developing private group homes, identifying alternative residential models, funding, staffing, management issues, trustee as landlord liability issues, TX rental rules and Fair Housing Act. Explore real life examples of residential options that work.

Originally presented: Mar 2021 Special Needs Trusts

Nancy Sosa, Cadence Bank - Austin, TX
Patricia F. Sitchler, The Law Office of Patricia Flora Sitchler - La Vernia, TX
Theresa M. Varnet, Fletcher Tilton, PC, Worcester, MA - Spain, Spain & Varnet, Chicago, IL

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10. ABA and National Alzheimer’s and Dementia Resource Center Resources for SNT Trustees with Elder Orphan Beneficiaries (Apr 2021)

Charles P. Sabatino

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(mp4)
29 mins
(mp3)
29 mins
Paper
(pdf)
2 pgs
(pdf)
12 pgs
(pdf)
11 pgs
Session 10 —29 mins
ABA and National Alzheimer’s and Dementia Resource Center Resources for SNT Trustees with Elder Orphan Beneficiaries (Apr 2021)

Originally presented: Mar 2021 Special Needs Trusts

Charles P. Sabatino, American Bar Association - Washington, DC

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11. Taxation of Special Needs Trusts from A to Z (Apr 2021)

Dennis M. Sandoval

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(mp4)
44 mins
(mp3)
44 mins
(pdf)
20 pgs
(pdf)
18 pgs
Session 11 —44 mins
Taxation of Special Needs Trusts from A to Z (Apr 2021)

Gain insight into the difference between the taxation of a first party special needs trust and a third party trust. Detail the basics of the taxation of a non-grantor special needs trusts and especially the differences between income for income tax purposes, income for trust accounting purposes and income for government assistance purposes.

Originally presented: Mar 2021 Special Needs Trusts

Dennis M. Sandoval, Sandoval Legacy Group, a division of Holstrom, Block and Parke - Riverside, CA

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12. Estate Tax Planning and SNTs (Apr 2021)

Tresi Moore Weeks

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(mp4)
29 mins
(mp3)
28 mins
(pdf)
16 pgs
(pdf)
29 pgs
Session 12 —29 mins
Estate Tax Planning and SNTs (Apr 2021)

It is quite possible that the estate tax exemption will be lowered in the near future, which means that we as estate planning attorneys may be doing more estate tax planning for families with children with disabilities. However, many tax planning techniques could be detrimental to children on government benefits. Crummey withdrawal rights and disclaimers, for example, could disqualify them from SSI or Medicaid. Explore how estate tax planning affects benefits eligibility and possible solutions to avoid negative outcomes.

Originally presented: Mar 2021 Special Needs Trusts

Tresi Moore Weeks, The Weeks Law Firm, PLLC - Plano, TX

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13. SSA Regional Trust Leads Presentation Regarding SSI Trusts (Apr 2021)

Amanda Flood, Dana Marquez

1.00 0.00 0.00
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(mp4)
61 mins
(mp3)
60 mins
(pdf)
16 pgs
Session 13 —61 mins
SSA Regional Trust Leads Presentation Regarding SSI Trusts (Apr 2021)

A discussion with the Regional Trust Leads on the regional centralization of the SSI trust review business process, including reporting responsibilities, 2020 POMS update, and 2020 case totals. In addition, hear a step-by-step scenario regarding the review of a trust determined countable and available options.

Originally presented: Mar 2021 Special Needs Trusts

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

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14. SSI Application Process for Children and Adults (Apr 2021)

John Driskill

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
34 pgs
Session 14 —30 mins
SSI Application Process for Children and Adults (Apr 2021)

The SSI application process is deceptively simple. However, there are several things applicants should keep in mind to possibly strengthen their claim or at a minimum make the process as efficient as possible. Explore the basics about the SSI process getting a claim started.

Originally presented: Mar 2021 Special Needs Trusts

John Driskill, Morgan & Weisbrod, L.L.P. - Houston, TX

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15. 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
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(mp4)
46 mins
(mp3)
45 mins
(pdf)
23 pgs
(pdf)
10 pgs
Session 15 —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

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16. SNT Lagniappe – Forms to Support Your SNT Practice (Apr 2021)

Benecia Flores

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(mp4)
26 mins
(mp3)
25 mins
(pdf)
27 pgs
Session 16 —26 mins
SNT Lagniappe – Forms to Support Your SNT Practice (Apr 2021)

While families expect a well-crafted SNT document from their attorney, providing additional reference documents for families and trustees is a valuable gift your client will appreciate.

Originally presented: Mar 2021 Special Needs Trusts

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

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17. Breaking Barriers from the Viewpoint of Two Leading Disability Rights Advocates (Apr 2021)

Stephen W. Dale, Peter J. Wall, Judith E. Heumann, Liz Weintraub

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(mp4)
46 mins
(mp3)
46 mins
No Materials
(pdf)
1 pgs
Session 17 —46 mins
Breaking Barriers from the Viewpoint of Two Leading Disability Rights Advocates (Apr 2021)

This presentation will feature Judy Heumann, author of Being Heumann and featured in the award-winning documentary Crip Camp with her guest Liz Weintraub from the Association of University Centers on Disabilities (AUCD). Each of these remarkable women have spent much of their lives breaking down commonly accepted barriers experienced by persons with disabilities. This presentation will not only highlight how each of these advocates have overcome challenges in their lives, but also share their insights about how the special needs trust practitioner can assist persons with disabilities to experience a quality of life that many persons without disabilities take for granted. Please submit any questions you may have for Judy and Liz here.

Originally presented: Mar 2021 Special Needs Trusts

Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA
Peter J. Wall, True Link Financial - Denver, CO
Judith E. Heumann, International Disability Rights Advocate - Washington, DC
Liz Weintraub, Association of University Centers on Disabilities - Silver Spring, MD

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18. How to Reduce Fiduciary Litigation Risks (Apr 2021)

Richard A. Courtney, Harry S. Margolis, Vincent J. Russo, Shirley Berger Whitenack

1.00 0.50 0.00
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(mp4)
61 mins
(mp3)
60 mins
(pdf)
22 pgs
(pdf)
9 pgs
(pdf)
32 pgs
(pdf)
21 pgs
(pdf)
27 pgs
Paper
(pdf)
5 pgs
Session 18 —61 mins
How to Reduce Fiduciary Litigation Risks (Apr 2021)

While no good deed may go unpunished, certainly a trustee who is unconcerned, clueless, unequipped, dishonest or just plain unlucky is likely to be punished. Explore situations where the rights and wants of beneficiaries collide with the powers and responsibilities of trustees.

Originally presented: Mar 2021 Special Needs Trusts

Richard A. Courtney, Courtney Elder Law Associates - Jackson, MS
Harry S. Margolis, Margolis & Bloom, LLP - Boston, MA
Vincent J. Russo, Russo Law Group, P.C. - Long Island and New York City, NY
Shirley Berger Whitenack, Schenck, Price, Smith & King LLP - Florham Park, NJ