| ELDER LAW INSTITUTE XII
What Every Estate Planner Must Know About Third Party SNT's
Sponsored with the Massachusetts Chapter of the National Academy of Elder Law Attorneys
Please Note: This course has already
been held.
Date: Thursday, March 16, 2006
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Third-party Supplemental Needs Trusts (“SNTs”) are an essential part of every elder law and estate planning attorney’s toolbox. Unlike self-settled SNTs (such as (d)(4)(A) “payback” trusts), the need for Thirdparty SNTs cuts across all of an estate planner’s clientele. All estate planners have clients with disabled children or grandchildren, or elderly parents. Without the knowledge and skills to create Third-party SNTs as part of the estate plan, the attorney cannot properly serve these clients. And what married client would not like to ensure the well-being of his or her surviving spouse? Third-party SNTs present a broad array of challenges. They have many issues in common with self-settled SNTs, borrow many others from both ordinary and sophisticated estate planning and generate quite a few that are completely unique to Third-party SNTs.
This year’s Elder Law Institute XII presents a thorough run-down of the issues, how to think about them, strategies, and drafting language. As a bonus, come hear the latest news from Susan Levin on what government agencies, courts, the legislature, and Congress are doing that affects elder law.
Who Should Attend:
Elder Law Institute XII is geared to intermediate and advanced estate planning and elder law attorneys. All are welcome, but familiarity with trust law and Medicaid law is assumed.
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Neal A. Winston, Esq., CELA
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Moschella & Winston, LLP, Somerville, MA |
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Emily S. Starr, Esq., CELA
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Starr Vander Linden LLP, Fitchburg and Worcester |
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Ken W. Shulman, Esq.
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Law Office of Ken W. Shulman |
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Janet S. Chambers
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Leominster, MA |
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Susan H. Levin, Esq.
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Rosenberg, Friedman & Goldstein, Newton, MA |
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Harry S. Margolis, Esq.
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Margolis & Associates |
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Theresa Medeiros Varnet
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Of Counsel, Fletcher, Tilton & Whipple, P.C., Worcester, MA |
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Mark W. Worthington
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Worcester, MA |
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Planning Committee
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Mark W. Worthington, Esq., Worcester, MA
Leslie S. Madge, Esq., Leslie S. Madge, PC, Acton, MA
Suzanne Sayward, Esq., Samuel, Sayward and Baler LLC, Dedham, MA
Alex Moschella, Esq., Moschella & Winston, Somerville, MA
Denise N. Yurofsky, Esq., Wayland, MA
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Leslie S. Madge, , Esq., CELA
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Leslie S. Madge, PC |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
| Mark W. Worthington, President-elect, MA Chapter, NAELA
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| 9:10 |
DRAFTING, PART ONE: CONCEPTS, STRATEGIES, AND SPECIFIC LANGUAGE |
- When is a third party Special Needs Trust (SNT) appropriate?
- Roll your own or pooled third party SNT
- The common-law basis for asset protection and a summary of Medicaid and SSI income and asset rules
- Anatomy of a third party SNT
- Revocable or irrevocable, stand-alone or part of RLT
- Six different schools of thought on distribution terms
- Trustee powers
- Who can serve as trustee?
Harry S. Margolis, Esq., Margolis & Associates, Boston, MA
Kenneth W. Shulman, Esq., Boston, MA
Emily S. Starr, Esq., Ciota Starr and Vander Linden, LLP, Fitchburg & Worcester, MA
Neal A. Winston, Esq., Moschella & Winston, LLP, Somerville, MA
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| 10:40 |
DRAFTING, PART TWO: ADVANCED COMPONENTS, TIPS & ISSUES |
- Powers to amend, remove/replace trustee and beneficiary powers
- Trust protectors, care committees
- Provisions for residence
- Traps & pitfalls
- Bailout clause, accounting clause, other useful provisions
- Non-Medicaid programs such as EAEDC and Section 8 Housing
Harry S. Margolis, Esq., Margolis & Associates, Boston, MA
Kenneth W. Shulman, Esq., Boston, MA
Emily S. Starr, Esq., Ciota Starr and Vander Linden, LLP Fitchburg & Worcester, MA
Neal A. Winston, Esq., Moschella & Winston, LLP, Somerville, MA
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| 11:30 |
THINKING OUTSIDE THE DOCS: LIFE CARE PLANNING & CUSTOMIZING SPECIAL NEEDS TRUSTS |
- How can parents know their child will be cared for?
- Housing, employment, religious and social/recreational matters
- Advocacy for the beneficiary
- Financial planning
Theresa Medeiros Varnet, Esq., Of Counsel, Fletcher Tilton and Whipple, P.C., Worcester, MA
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| 1:30 |
TESTAMENTARY SPOUSAL SNTs |
- Underutilized but powerful method to protect the person most important to your married clients: each other!
- Applicable to a broad range of net worth
Leslie S. Madge, Esq., Leslie S. Madge, PC, Acton, MA
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| 2:00 |
TAX ISSUES |
- Irrevocable trust: completed gift or incomplete gift
- Grantor trust issues
- Crummey powers
- Impact of trustee selection and removal/replacement clauses
- Funding with IRAs & 529 Plans
- Qualified Disability Trusts
- Required filings and TINs
- Multistate income taxation
Janet S. Chambers, Leominster, MA, CPA
Mark W. Worthington, Esq., Worcester, MA
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| 3:15 |
TRUST ADMINISTRATION AND REPRESENTING THE TRUSTEE |
- Effect of distributions on beneficiary’s eligibility
- Use of debit or credit cards & paying bills
- Working with the family trustee
- Trustee and attorney compensation
- Accounts
- Ethical issues
- Hiring care managers
- Efficient and profitable trust administration practice
- Family conflicts
- Investment advice
- Creative Uses of Cash Disbursements
Alex Moschella, Esq., Moderator
Kenneth W. Shulman, Esq.
Neal A. Winston, Esq.
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| 4:00 |
EFFECT OF STATE LEGISLATIVE AND JUDICIAL ACTIVITY ON THIRD-PARTY SNTs |
- The Uniform Trust Code
- Multistate Medicaid issues and the migrant beneficiary
Mark W. Worthington, Esq.
Neal A. Winston, Esq.
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| 4:15 |
RECENT DEVELOPMENTS ON FEDERAL AND STATE LEVEL IN ELDER LAW |
| Susan H. Levin, Esq., Rosenberg, Friedman & Goldstein, Newton, MA
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| 5:00 |
ADJOURN AND RECEPTION |
Immediately following the conclusion of the program, all are invited to a reception to honor
Alex Moschella the 2006 recipient of the Charles P. Kindregan, Jr. Award for Extraordinary Contributions to Suffolk’s Center for Advanced Legal Studies and CLE. Attorney Moschella founded the Annual Elder Law Institutes and the Annual N.E. Elder Law Symposia, which are presented by Suffolk University Law School and sponsored with the Massachusetts Chapter of NAELA.
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| Date: |
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Thursday, March 16, 2006 |
| Tuition: |
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Tuition is $249; $199 alumni, attorneys admitted to the Bar after 2003 and members of Mass. Chapter of NAELA. The course book and a continental breakfast is included in the tuition charge.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE credit in RI, NH, VT & ME. This course provides 6 CE credits for GAL Catagory D.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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