eCourses

Gain insight on the topic of the termination of the special needs trust when a beneficiary passes away and there is a Medicaid lien owed. Hear the basics of the requirements of the Medicaid pay-back provision, how to contact the Texas Health and Human Services Commission (HHSC) to verify the Medicaid lien and obtain the lien payoff, and the process of settling the lien with the agency.

Includes: Video Audio Slides

Trustees of special needs trusts have unique considerations when purchasing and owning real property. Learn about the pros and cons of owning real estate in a trust.

Includes: Video Audio Paper

Public Benefit programs for the disabled such as Medicaid and Supplemental Security Income are income and resource-tested, meaning that the disabled individual must also maintain eligibility based on specific income and resource criteria to continue receiving benefits. When changes to income and resources occur, the disabled individual (or their representative payee) may receive letters from Social Security and/or HHS notifying them that their benefits are being terminated, and worse, that an overpayment has occurred and they must return some of the benefits paid to them. Practitioners in special needs and elder law learn the common causes for changes to a disabled individual’s income and resources that cause cessation of benefits and overpayments; how to respond to Social Security when a cessation and overpayment notice is received; tools for re-establishing eligibility for benefits; and how to properly advise fiduciary caregivers and supporters of the disabled who are involved in the process (guardians, trustees, and representative payees).

Includes: Video Audio Paper Slides

The potential for AI in the special needs community is truly life-changing. AI has the potential to significantly increase inclusivity and independence and to transform the way attorneys and advocates communicate and interact with clients with special needs.

Includes: Video Audio Paper Slides

Many clients leave retirement benefits to an SNT for a disabled child. We know the rules for IRAs and 401(k)s, but this presentation covers the different rules for other retirement plans. Learn about the specific requirements for naming an SNT as a beneficiary of Teacher Retirement System (TRS), Military Survivor Benefit Program, and other government pensions.

Includes: Video Audio Paper Slides

A discussion of new developments in the law of disability benefits, and of recent updates to this paper, that trustees of Special Needs Trusts need to know about.

Includes: Video Audio Slides

In The Trenches: The battle to establish and maintain Medicaid benefits happens not only at the law office, but also at the client's home, with financial planners, and corporate trustees. Gain insight into how parents, professionals, and family members protect and fight for Medicaid eligibility for the most vulnerable population, while focusing on the day-to-day care needs of the individual.

Includes: Video Audio Slides

Having school-aged clients with a disability can provide unique challenges in their care. Explore these challenges and potential solutions from the collaborative perspective of an education consultant and a nurse case manager.

Includes: Video Audio Slides

Session 01: 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 02: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 03: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 04: Maximizing Public Benefits: Overview - Planning for public benefits can be daunting. This presentation walks attendees through the paper, with stops along the way for basics, practice tips, and hidden gems in the paper.

Includes: Video Audio Paper Slides

For trusts established with the assets of an individual on or after 01/01/00, the Social Security Administration follows specific policy regarding disbursements from the trust, earnings on and additions to the trust, and post-eligibility changes in the trust’s resource status. This session provides a summary of the policy for trust principal that is not a resource and for trust principal that is a resource, including examples.

Includes: Video Audio Paper Slides

States are passing Supported Decision-Making laws across the country to assist persons with disabilities to be more engaged in decision making that affects their lives and supports. Listen to a panel of practitioners who cover the basics of Supported Decision-Making and how to incorporate Supported Decision-Making concepts in a special needs trust. Also, explore challenges a trustee might encounter while working with a Supported Decision-Making agreement in meeting their fiduciary duties.

Includes: Video Audio Paper Slides

You don’t need to be a tax lawyer, but every special-needs planner should know at least the basics of trust income tax. Explore key rules in an accessible way for non-tax practitioners.

Includes: Video Audio Paper Slides

Learn how to creatively use ABLE accounts through real world examples alongside SNTs. Explore the nuances of ABLE accounts, the changes coming, how to use an ABLE account to enhance quality of life and encourage saving, while protecting benefits.

Includes: Video Audio Paper Slides

Learn the various approaches to ensuring that clients with disabilities are treated with the respect and dignity they deserve and is ethically required. Gain insight on how to approach family members, clients, and other professionals as well as practical dos and don'ts when handling cases where the client has limitations.

Includes: Video Audio Paper

Session 01: 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 02: 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 03: The Ethics of SNT Administration - In this session, the presenters review the decisions a trustee makes in administering a trust, the standards a trustee should use in making decisions, and a framework to make sure the trustee’s decisions and actions are ethical. Session 04: Redlining the Basics with 1st Party SNT - Dissect a basic first-party SNT to highlight best practices with various key provisions, a walk-through relevant POMS provisions, and other practical tips in evaluating the use(s) of a first-party SNT. Session 05: Maximizing Public Benefits: Overview - Planning for public benefits can be daunting. This presentation walks attendees through the paper, with stops along the way for basics, practice tips, and hidden gems in the paper. Session 06: 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 07: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 08: A Quick Trust Tax Tutorial - You don’t need to be a tax lawyer, but every special-needs planner should know at least the basics of trust income tax. Explore key rules in an accessible way for non-tax practitioners. Session 09: SSA Regional Trust Leads Presentation Regarding SSI Trusts - For trusts established with the assets of an individual on or after 01/01/00, the Social Security Administration follows specific policy regarding disbursements from the trust, earnings on and additions to the trust, and posteligibility changes in the trust’s resource status. This session provides a summary of the policy for trust principal that is not a resource and for trust principal that is a resource, including examples. 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

Session 1: The Grievance Process and Most Common Violations - The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Session 2: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 3: Research on Legal Writing - Get information about empirical research on legal writing techniques. Research supports plainer writing, reduced use of intensifiers, reduced use of “emotional” words, and use of narrative. Research also supports “connectives” (transitions), priming, and the value of resources, i.e. money. Session 4: Dealing With the Problem of Opposing Counsel - How to avoid intimidation and manage the disruptive, disreputable, and overly zealous opposing counsel in an ethical, civil, and professional manner.

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Video Audio Paper Slides

Session 01: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care. Session 02: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout. Session 03: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid. Session 04: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 05: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death.  Session 06: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 07: Alternatives to Guardianship Including Supports and Services - An examination and discussion from the perspectives of the bench and in practice on lesser restrictive alternatives and available supports and services in guardianship. Which work? Which do not? And, how, in every case, the answer is, "It depends." Session 08: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.

Includes: Video Audio Paper Slides

THIS MONTH: ChatGPT Ethics • On The Road Again: Legal Issues with Music Touring • Arbitration is NOT Litigation • Leasing and Real Estate Issues - Are We Prepared for the Office Apocalypse? • Leasing and Real Estate Issues - Are We Prepared for the Office Apocalypse? • What You Need to Know About the Corporate Transparency Act

Includes: Video Audio Paper Slides

Does your ranch-owning client plan to liquidate it at death or keep it in the family for generations to come? Learn key planning ideas to deal with this Texas estate planning icon.

Includes: Video Audio Paper Slides