Estate Planning, Trusts & Probate

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Special Needs Trusts: The Paralegal's Guide

Credits Available
Credit Status Total
California MCLE Paralegal Approved 3 Total
Delaware Certified Paralegal Program Approved 3 Total
Florida Registered Paralegal Approved 3 Total
Indiana Paralegal CLE Approved 3 Total
NALA Pending 3 Total
Montana CLE Credit for Paralegals Approved 3 Total
North Carolina Continuing Paralegal Education Pending 3 Total
New Mexico Paralegal Division, State Bar of Pending 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 3 Total
Texas State Bar of Paralegal Division Pending 3 Total
Washington Paralegal Association Approved 3 Total
Live Online
3 hours
Jennifer McInerney
Jessica Peraza
With Jennifer M. McInerney from McInerney Law + 1 other

Thu, Nov 12, 00:00 AM – 00:00 PM

Product ID 102669

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Course Includes
$219

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Overview

One Wrong Distribution Can Cost a Client Their Benefits. Know the Rules!

Special needs trusts sit at the intersection of estate planning, public benefits law, and disability advocacy, and paralegals carry much of the day-to-day load. This program cuts through the complexity of SNT drafting, funding, and administration, giving paralegals the practical tools to support clients from intake through funding and administration. Attendees leave with a working knowledge of benefit preservation rules, the differences between first-party and third-party trusts, and the administrative practices that keep trusts compliant. Register today!

  • Distinguish between first-party, third-party, and pooled special needs trusts and identify when each is appropriate.
  • Clarify the SSI and Medicaid eligibility rules that govern SNT planning and distributions.
  • Identify mandatory and prohibited provisions in SNT drafting and flag common drafting errors.
  • Coordinate trust funding across litigation settlements, inheritances, life insurance, and beneficiary designations.
  • Apply permitted vs. impermissible distribution rules under the in-kind support and maintenance framework.
  • Prepare and maintain trust administration records sufficient to withstand a benefit redetermination review.

Abbreviated Agenda

  1. The Paralegal's Role in Special Needs Planning
  2. Public Benefits Every SNT Paralegal Must Know
  3. Running the Trust Day-to-Day
  4. Knowing Your Trust Types
  5. Supporting SNT Drafting
  6. Coordinating Trust Funding

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Product ID 102669

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 3 Total
Delaware Certified Paralegal Program Approved 3 Total
Florida Registered Paralegal Approved 3 Total
Indiana Paralegal CLE Approved 3 Total
NALA Pending 3 Total
Montana CLE Credit for Paralegals Approved 3 Total
North Carolina Continuing Paralegal Education Pending 3 Total
New Mexico Paralegal Division, State Bar of Pending 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 3 Total
Texas State Bar of Paralegal Division Pending 3 Total
Washington Paralegal Association Approved 3 Total
Select Jurisdiction
Paralegal

Agenda

All times are shown in
  1. The Paralegal's Role in Special Needs Planning

    1. Where Paralegals Fit in the SNT Workflow: Intake Through Termination
    2. Working With the Planning Team: Coordinating Between Attorneys, Care Managers, and Financial Advisors
    3. Red Flags to Escalate to Supervising Attorneys
  2. Public Benefits Every SNT Paralegal Must Know

    1. SSI vs. SSDI: What Paralegals Need to Track (Income Limits, Resource Limits, Redetermination Cycles)
    2. Medicaid and Waiver Programs: State Variation and Why It Affects Your Work
    3. How a Direct Inheritance or Settlement Payment Can Disqualify a Beneficiary (and What to Do When You Catch It at Intake)
    4. The "Sole Benefit" Requirement: Recognizing Language That Puts Benefits at Risk
  3. Running the Trust Day-to-Day

    1. Setting up Trust Accounts and Building an Administrative File
    2. Processing Distribution Requests: The Intake-to-Approval Workflow
    3. Permitted vs. Impermissible Distributions: Applying the In-Kind Support and Maintenance (ISM) Rules in Practice
    4. Documentation Standards: What Records Protect the Trust in a Redetermination Review
    5. Preparing Annual Accountings and Reports
    6. Communicating With SSA and State Medicaid Agencies: What Paralegals Can and Cannot Do
  4. Knowing Your Trust Types

    1. First-Party (d4A) Trusts: What Triggers the Payback Requirement and How to Flag It During File Review
    2. Third-Party Trusts: What the Paralegal Prepares Differently
    3. Pooled Trusts: The Intake Process and Referral Workflow
    4. ABLE Accounts: When to Flag Them as an Alternative or Supplement
  5. Supporting SNT Drafting

    1. Mandatory vs. Discretionary Distribution Language: What Paralegals Review For
    2. Common Drafting Errors to Catch Before the Document Goes Out
    3. Preparing Drafts for Attorney Review: Checklists and Quality Control
    4. Organizing and Tracking Client-Specific Provisions Across Multiple Trust Documents
  6. Coordinating Trust Funding

    1. Litigation Proceeds and Structured Settlements: Coordinating With the SNT Before Settlement Closes
    2. Inheritance and Beneficiary Designations: Preparing Retitling Instructions and Updating Estate Planning Documents
    3. Life Insurance Policies: Beneficiary Designation Language and Confirmation Procedures
    4. Retirement Accounts: Flagging Planning Issues for Attorney Review
    5. Avoiding the Most Common Funding Mistake: Direct Payments to the Beneficiary

Who Should Attend

This intermediate level course is designed to furnish attendees with the knowledge they need to navigate special needs planning. Those who should attend include:

  • Paralegals
  • Legal Technicians
  • Legal Assistants
  • Legal Support Staff

Speakers

Jennifer M McInerney
Jennifer M.
McInerney
McInerney Law
Jessica M Peraza
Jessica M.
Peraza
Peraza Law PLLC
Speaker bio
Jennifer M McInerney

Jennifer M. McInerney

McInerney Law
Jennifer McInerney

is an attorney with McInerney Law, where she assists individuals and families with a variety of important legal matters. Her primary practice areas include wills and trusts, special needs planning, estate administration, trust administration, business succession planning/formation, guardianships (and alternatives), and conservatorships. 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 the Jefferson County Intellectual and Developmental Disability Authority. Ms. McInerney is a member of the Board of Directors for Down Syndrome Alabama, Shelby Humane Society and 25:35. She is a graduate and member of Leadership Birmingham (2022) and Leadership Shelby County (2012). Ms. McInerney is a proud graduate of Partners in Policymaking Alabama "PIPA" (2021). She is also a member of the Birmingham Bar, Solo/Small Firm Section of the Alabama State Bar, and the current vice president of the Probate Section of the Birmingham Bar. Ms. McInerney is a graduate of the Birmingham Bar's Future Leaders Forum (2011). She is a member of the National Academy of Elder Law Attorneys and Special Needs Alliance. Ms. McInerney 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. She earned her J.D. degree from Indiana University School of Law and her LL.M. degree in taxation from Washington University in St. Louis. Ms. McInerney is licensed in Alabama, Utah, Oregon, and Mississippi.

Speaker bio
Jessica M Peraza

Jessica M. Peraza

Peraza Law PLLC
Jessica Peraza

is the owner of Peraza Law PLLC. She focuses her practice on estate planning and administration, Medicaid, and long-term care planning. As a law student, Ms. Peraza interned for the Hon. Barbara Howe in Erie County Surrogate's Court and worked in the Public Benefits Unit of Neighborhood Legal Services. Her previous experience includes residential foreclosures, public and private sector labor law, contract negotiations, probate matters, third party credit collections, and representation of clients in administrative hearings and arbitrations. Ms. Peraza earned her B.A. degree from St. Lawrence University and her J.D. degree, cum laude, from University of Buffalo School of Law.

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The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account.

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