Special Needs Trusts 2023

Agenda / Content Covered

1. The SECURE Act and Other Special Needs Trusts Updates
   10:00 - 10:30, Caren C. Jenkins
   1. Changes to the IRA Rules That Affect SNTs
   2. Reviewing the Trusts' Beneficiary Provisions
   3. Disability Definitions and Documentation
   4. Do "Accumulation" SNTs Need to be Amended?
   5. Uniform Trust Laws and the Third Restatement
   6. State Trust Laws
2. SNT Administration and Qualified Expenses
   10:30 - 11:00, Caren C. Jenkins
3. Multi-State Issues
   11:00 - 11:30, Caren C. Jenkins
4. Preserving Benefits Eligibility and Accounting for Medicaid Estate Recovery Rights
   11:30 - 12:00, Caren C. Jenkins
5. Benefits Eligibility as it Relates to SNTs
   12:15 - 12:30, Jennifer M. McInerney
6. ABLE Act Special Needs Savings Accounts: Their Use Instead of (and Together With) SNTs
   12:30 - 12:45, Jennifer M. McInerney
   1. Current Coverage, Contribution Limit, and Maximum Amount
   2. Definition of "Disability" for Purposes of a 529A
   3. Set Up Procedure and Cost
   4. Qualified Expenses, Penalties and Tax on Nonqualified Expenses
   5. Account Management Considerations
7. Special Needs Trusts (SNTs) Construction
   12:45 - 1:15, Jennifer M. McInerney
   1. First Party vs. Third Party
   2. Trustee Selection and Trust Administration
   3. Drafting SNT Key Provisions
   4. Tax Implications of SNTs

Accreditation Details:

Caren C. Jenkins is the principal attorney with Nevada Legacy Law, where her practice areas include probate avoidance, family trusts, living wills/end of life care, charitable gifts, valuation assistance, powers of attorney, incapacity planning, asset protection, special needs trusts, business succession, and real property law. Ms. Jenkins regularly speaks on topics from basic estate planning to more complex applications like SNTs and the ABLE Act. She earned her B.S. degree from Pennsylvania State University and her J.D. degree from Golden Gate University School of Law.

 

Jennifer M. McInerney is an attorney with Parmer Law, where her practice is focused in estate planning, primarily for families with special needs children. She is licensed to practice in Alabama and Mississippi. Ms. McInerney is the founding member and co-president of the Board of Directors of Special Siblings, which provides support for children with special needs siblings. She currently serves as the president of the Board of Directors of Susan G. Komen North-Central Alabama. Ms. McInerney is a member of the Board of Directors for the Jefferson County Intellectual and Developmental Disability Authority. She earned her B.A. degree, magna cum laude, as well as her M.A. degree, summa cum laude, from the University of Alabama at Birmingham. Ms. McInerney earned her J.D. degree from Indiana University School of Law and is currently working on her LL.M. degree in taxation from Washington University in St. Louis.