Special Needs Trust Funding, Administration, and Termination: Key Trust Provisions, Tax Issues, ILITs, Beneficiaries

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Thursday, November 11, 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 webinar will provide an in-depth analysis of the key challenges of special needs trust (SNT) funding, administration, and termination, as well as pitfalls to avoid. The panel will discuss SNT funding options and the best assets to put in a trust, the use of life insurance and ILITs, tax issues for SNTs, and key trust provisions. The panel will also discuss administrative challenges and procedures for termination and other complex issues.
Faculty

Ms. Siegel concentrates her practice in the area of elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy. As one of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), she has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship and estate litigation, resident rights, health care decision making, Medicare, Medicaid, and health insurance appeals.

Ms. Eble focuses on Elder Law, Estate Planning, Special Needs Planning and Medicaid Planning, and has practiced in these areas for 20 years. She is a member of the New York State Bar Association, Nassau County Bar Association, Nassau County Women’s Bar Association, Elder Counsel and is admitted to the New York Bar. Ms. Eble earned her law degree at Hofstra University School of Law. She frequently presents seminars on Elder Law and Estate Planning throughout Nassau and Suffolk counties.
Description
SNTs are an integral part of the practice of elder law. To handle these trusts properly for clients, counsel must know when SNTs are appropriate, how to draft SNTs, how to administer the trusts and determine when a trust should be modified or terminated, and the potential legal and tax implications.
The Special Needs Trust Fairness Act permits mentally competent individuals with disabilities to establish SNTs for their benefit. In the past, only parents, grandparents, legal guardians, or a court could set up trusts on behalf of a disabled person. Counsel must understand the tax consequences and the impact on a client's public benefits when establishing an SNT. In addition, counsel must be aware of pitfalls when amending or terminating SNTs and alternatives to minimize any adverse impact on the trust and beneficiaries.
Listen as our panel of elder law practitioners discusses critical points for elder law counsel to understand, SNT funding options, the best assets to put in a trust, the use of life insurance and ILITs, and key trust provisions. The panel will also discuss administrative challenges and procedures for termination and other complex issues.
Outline
- Determining the need for SNTs
- Funding options
- Administrative challenges
- SNT modification and termination
Benefits
The panel will review these and other key issues:
- What are the key considerations in structuring SNTs?
- What are the funding options and pitfalls to avoid?
- What are the administrative issues and best practices to avoid them?
- What are the legal and tax ramifications of modifying or terminating SNTs?
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