Special Needs Trust Administration: Distributions, Income Taxation, Trust Accounting, Pitfalls to Avoid

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Thursday, June 10, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide elder law attorneys and trustees guidance on the challenges of administering special needs trusts (SNTs) and methods to overcome them. The panel will discuss methods in handling administrative pitfalls that arise due to poorly drafted SNTs, income taxation, trust accounting, eligibility rules for means-testing programs, and other key items that must be considered in the administration of SNTs.
Faculty

Mr. Arkin represents the elderly, the disabled and their caregivers in all facets of Elder Law including Estate Planning, Asset Protection Planning, Public Benefits, Incapacity Planning, Veteran Benefits, and Special Needs Planning. He gained a passion for helping the elderly after watching his own family struggle to afford the care his grandparents needed. Mr. Arkin witnessed how his family was harmed by misinformation regarding Public Benefits and the difficulties they had in navigating the governmental bureaucracy involved with obtaining Medicaid and Veterans Benefits.

Ms. Laymon-Pecoraro is a Shareholder of Hook Law Center, P.C. practicing in the areas of elder law, special needs planning, estate and trust administration, estate planning, asset protection planning, financial planning, guardianships and conservatorships. Prior to joining the firm in 2012, Ms. Laymon-Pecoraro handled estate planning documents for members of the United States Department of the Army and has been involved in the legal representation of several large corporations.
Description
Special needs trusts (SNTs) are an integral part of the practice of elder law, and the administration of these trusts can be daunting. Elder counsel and trustees must identify key issues in trust documents and navigate challenges in distributing SNTs.
The Special Needs Trust Fairness Act permits mentally competent individuals with disabilities to establish SNTs for their benefit. To ensure the proper administration of SNTs by trustees, attorneys, financial planners, and others involve an understanding of best disbursement practices, considerations for trustee resignation, navigating income tax and trust accounting rules, and the impact of public benefits.
Listen as our panel of elder law practitioners discusses critical issues in SNT administration and offers best practices for elder law counsel and trustees.
Outline
- SNT overview
- Distributions
- Tax and accounting issues
- Handling poorly drafted SNTs
- Pitfalls to avoid
Benefits
The panel will review these and other key issues:
- What are the different types of SNTs and common issues in administration?
- What are the duties of the trustees of an SNT?
- What issues must counsel be aware of when advising trustees of SNTs?
- What recourses are available for the administration of a poorly drafted SNT?
- What are the tax and accounting issues to consider in the process?
- What issues arise in distributing SNTs and what are methods to overcome them?
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