Pooled Trusts in Elder Law and Estate Planning: Requirements, Funding Options, SNTs vs. PSNTs, Beneficiaries

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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.

$197.00

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

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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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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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.