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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, December 9, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide elder law and trusts and estates attorneys a detailed analysis of utilizing pooled trusts in special needs and estate planning. The panel will discuss the mechanics of pooled trusts, determining when to use a pooled trust, first-party and third-party trusts, funding options, and other vital items to consider for special needs and estate planning for low-income, elderly, or disabled clients.

Faculty

Regina Kiperman
Attorney
RK Law

Ms. Kiperman advises clients in the areas of Estate Planning, Probate, Trust and Estate Administration, Contested and Uncontested Guardianship matters, Will Contests, Contested Accountings and Special Needs Planning.

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Joanne Marcus
President and CEO
Commonwealth Community Trust

Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT). Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000. She is an expert in the field of Pooled Special Needs Trust administration, Ms. Marcus has published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network. She is frequently asked to present to professional organizations and family groups nationwide including The National Academy of Elder Law Attorneys, The American Academy of Estate Planners, The United Spinal Association, and Stetson University College of Law. CCT was founded in 1990. Under the leadership of Ms. Marcus, CCT has grown to serve over 2,600 trust beneficiaries that are vulnerable, injured, or have special needs throughout the United States

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Description

The use of trusts for special needs and disabled clients is an integral part of an elder law and estate planning practice. Under certain circumstances, using a pooled trust for Medicaid or estate planning can provide significant benefits. To handle these trusts properly for clients, counsel must know when these trusts are appropriate, first-and third-party special needs trusts to protect public benefits for clients, and how to administer these trusts.

A nonprofit organization establishes and administers the pooled trust, setting up a separate account for each beneficiary. Funds from all accounts within the trust are pooled for managing investments and efficient administration. A person with a disability or a parent can establish subaccounts funded with the assets of the beneficiary.

Family members who want to leave inheritances to persons with disabilities can establish third-party pooled-trust subaccounts. Under these circumstances, Medicaid payback rules don't apply since the assets of the disabled or special needs person didn't fund the account.

Counsel must understand the tax consequences and pitfalls to avoid when utilizing pooled trusts in estate planning and the potential impact on a client's public benefits.

Listen as our panel discusses critical points for elder law counsel and estate planners to understand and weigh when utilizing pooled trusts. The panel will also discuss the mechanics of pooled trusts, requirements, administration, funding options, and other vital items to consider for special needs, low-income, elderly, or disabled clients.

Outline

  1. Determining when to use a pooled trust
  2. Pooled trusts and Medicaid spend-down
  3. Pooled trusts in estate planning
  4. Best practices for elder law attorneys and estate planners

Benefits

The panel will review these and other key issues:

  • What is the difference between a pooled trust and other SNTs?
  • Under what circumstances should you consider utilizing a pooled trust?
  • What are the requirements and procedures involved in using pooled trusts?
  • How can pooled trusts be used for Medicaid spend-down?
  • How can pooled trusts be used in estate planning for disabled clients?
  • What are the planning pitfalls to avoid when using pooled trusts?