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Drafting and Administering Special Needs Trusts  

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This intermediate level seminar will be an ideal resource for: Attorneys, Financial Planners, Trust Officers

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Seminar Summary:

This practical seminar will arm you with an arsenal of tools to ensure the very special needs of ALL your clients are met to the fullest. (see full course description)

 

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Training Course Syllabus:


Gain the skills necessary to address the special estate planning needs of your disabled clients


Join your colleagues for a comprehensive instruction on the requirements, mechanics and pitfalls of financial planning with supplemental needs trusts. This practical seminar will arm you with an arsenal of tools to ensure the very special needs of ALL your clients are met to the fullest. Register today!



  • Find creative cost-effective ways to fund supplemental needs trusts.

  • Gain practical tips for accurate assessment of the client´s present and future disability and needs.

  • Battle the stigma of government assistance by tactfully educating your clients on their options.

  • Spot and avoid mistakes that may cause the beneficiary to lose government benefits.

  • Gain practical examples of the must-have provisions to include in special needs trusts .

  • Find out what must be done with the remaining trust funds after the death of the beneficiary.

  • Utilize the expertise of your colleagues and address the most pressing issues of everyday practice in the course of an engaging discussion.

  • Help your clients select a reliable trustee by advising them on key trustee selection criteria.

  • Stay on the cutting edge of the practice with the latest updates on legislation and important court rulings.

  • Hear it from the seasoned attorneys: 10 rookie drafting mistakes everyone´s made and how you can easily avoid them.



  1. WHAT ARE SPECIAL NEEDS TRUSTS? – THE TRUTHS AND FALSEHOODS

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 9:00 - 10:00

    1. Legislative Update

    2. Essential Case Law

    3. What SNTs Can and Cannot Do for Your Client

    4. Determining Your Clients´ Goals and Ensuring Realistic Expectations

    5. Assessing the Degree of the Beneficiary´s Current and Future Disability and Needs



  2. HELP YOUR CLIENT CHOOSE THE RIGHT OPTION – TYPES OF SPECIAL NEEDS TRUSTS

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 10:15 - 11:15

    1. The Fate of First-Party Self-Settled Trusts After OBRA

    2. Community Pooled Account Trusts

    3. D-4A Trusts

    4. Third Party Special Needs Trusts (“Miller” Trusts)

    5. Medicare Set-Aside and Payback Trusts

    6. Progressive Alternatives to SNTs



  3. DRAFTING A SOLID SUPPLEMENTAL NEEDS TRUST – SAMPLE TRUST REVIEW AND ANALYSIS

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 11:15 - 12:15

    1. Essential Provisions of the Trust

    2. Which Provisions to Avoid and Why

    3. What Items Can Be Purchased with Trust Funds in Severe Disability Cases?

    4. Phrasing the Future of the Beneficiary – Choose Your Words Carefully

    5. Preserving the Government Benefits

    6. 10 Rookie Drafting Mistakes Everyone´s Made and Could Have Avoided

    7. Revising Existing SNTs



  4. TRUST FUNDING STRATEGIES, ADMINISTRATION AND TERMINATION

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 1:15 - 2:15

    1. Using Insurance to Fund SNTs

    2. Handling Commingling Trust Funds

    3. Cost-Effective Ways to Fund the Trust

    4. Helping Your Client Select the Trustee – the “Must-Have” Criteria

    5. Filing Income Tax Returns

    6. Managing Distributions

    7. Beneficiary Housing Issues

    8. What Happens to the Trust Funds After the Beneficiary Dies?



  5. ETHICAL CONSIDERATIONS

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 2:30 - 3:30

    1. Representing Mentally Incapable Clients

    2. Additional Duties of Attorneys Serving as Trustees

    3. Attorney Fees Determination and Collection

    4. Avoiding Conflicts of Interest



  6. Q&A DISCUSSION

    Carol S. Battaglia, Nancy Kaupp Ewin and Philip P. Lindsley, 3:30 - 4:30


Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

This practical seminar will arm you with an arsenal of tools to ensure the very special needs of ALL your clients are met to the fullest. (see full course description)

print this agenda print agenda for the Drafting and Administering Special Needs Trusts training seminar

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