Drafting Irrevocable Trusts to Preserve Medicaid and VA Benefits [Including 1 Ethics hour] (2025 Edition)

Mary Akkerman
Mary Akkerman | Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Re-Broadcast: March 21, 2025

2 hour CLE

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Program Summary

Special needs trusts, supplemental needs trusts, income-only trusts, and other types of irrevocable trust planning can be used to provide for a family member or beneficiary who qualifies for certain government benefits, such as Medicaid or certain Veterans' benefits. This type of planning can also be useful when used proactively in basic estate plans in the event that a client’s current or future beneficiaries may become eligible for such benefits. This seminar will discuss tax planning, preservation of benefits, types of trusts available, and the mechanics of creating and administering such trusts.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • First Party Special Needs Trusts, Third Party Supplemental Needs Trusts, and income Only Trusts
  • Tax aspects of planning devices
  • Drafting, implementing, and administering these types of trusts
  • Ethical considerations

Date / Time: March 21, 2025

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Closed-captioning available

Speakers

Mary-Akkerman_Davenport_Evans_Hurwitz-Smith-LLP_FedBarMary Akkerman | Partner, Davenport Evans Lawyers

Mary practices in estate planning, including dynasty trusts, domestic asset protection trusts, estate and trust administration, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals, and related litigation. She is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors.

Mary is an American College of Trust and Estate Counsel (ACTEC) Fellow. She is a member of the Society of Trust and Estate Practitioners and Sioux Falls Estate Planning Council.

Mary has received an AV Preeminent® Peer Review Rating by Martindale Hubbell®, for the highest level of professional excellence for legal knowledge, communication skills and ethical standards. She has a Band 1 individual ranking in the Chambers High Net Worth Guide by Chambers and Partners in the area of Private Wealth Law and is listed by Best Lawyers® in Trusts & Estates. Mary has also been ranked in the top 5% of practicing attorneys in South Dakota by Great Plains Super Lawyers in the areas of Estate Planning & Probate.

Agenda

I. First Party Special Needs Trusts, Third Party Supplemental Needs Trusts, and income Only Trusts | 2:00pm – 2:20pm

II. Tax aspects of planning devices | 2:20pm –2:40pm

III. Drafting, implementing, and administering these types of trusts | 2:40pm – 3:00pm

Break | 3:00pm – 3:10pm

IV. Ethical considerations | 3:10pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
1 General , 1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General , 1 Ethics

Arkansas

Approved for CLE Credits
1 General , 1 Ethics

Arizona

Approved for CLE Credits
1 General , 1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 General , 1 Ethics

Colorado

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 General , 1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour, 1 CLE Hour

Delaware

Pending CLE Approval
1 General , 1 Enhanced Ethics

Florida

Approved for CLE Credits
1 General , 1 Ethics

Certification Credits Approved:
1 Wills, Trusts and Estates

To request these credits, attorneys must contact us to issue a manual certificate.
Phone: (877) 406-8636
Email: [email protected]
Georgia

Approved for CLE Credits
1 General , 1 Ethics

Hawaii

Approved for CLE Credits
1.2 General , 1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 General , 1 Ethics

Idaho

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 General , 1 Professional Responsibility

Indiana

Pending CLE Approval
1 General , 1 Ethics

Kansas

Pending CLE Approval
1 Substantive , 1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 General , 1 Ethics

Louisiana

Pending CLE Approval
1 General , 1 Ethics

Massachusetts

No MCLE Required
1 CLE Hour, 1 CLE Hour

Maryland

No MCLE Required
1 CLE Hour, 1 CLE Hour

Maine

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 CLE Hour, 1 CLE Hour

Minnesota

Approved for Self-Study Credits
1 General , 1 Ethics

Missouri

Approved for CLE Credits
1.2 General , 1.2 Ethics

Mississippi

Pending CLE Approval
1 General , 1 Ethics

Montana

Approved for Self-Study Credits
1 General , 1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 General , 1 Ethics

North Dakota

Approved for CLE Credits
1 General , 1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General , 1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General Minutes, 60 Ethics / Professionalism Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General , 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

Nevada

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 General , 1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General , 1 Professional Conduct

Oklahoma

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 General , 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 General , 1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 General , 1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour, 1 CLE Hour

Tennessee

Approved for Self-Study Credits
1 General , 1 Dual

Texas

Approved for CLE Credits
1 General , 1 Ethics / Professionalism

Utah

Pending CLE Approval
1 General , 1 Ethics / Professionalism

Virginia

Not Eligible
1 General Hours, 1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 General , 1 Ethics

Washington

Approved via Attorney Submission
1 Law & Legal , 1 Ethics

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
1.2 General , 1.2 Ethics / Professionalism

Wyoming

Approved for Self-Study Credits
1 General , 1 Ethics / Professionalism

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