Drafting Irrevocable Trusts to Preserve Medicaid and VA Benefits [incl. 1 Ethics hour]


CLE credits earned: 1.0 GENERAL / 1.0 ETHICS (or 1.0 LAW & LEGAL / 1.0 ETHICS for WA state)

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 Veteran’s benefits. This type of planning can also be useful 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 trust available, and the mechanics of creating and administering such trusts.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

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

Date / Time: June 12, 2020

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

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: April 8, 2020

Mary Akkerman, Esq. guides clients through all aspects of fiduciary representation and 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. Mary is skilled at establishing public and private trust companies in South Dakota and regularly works with U.S. and international families and advisors on cross-border planning, non-resident alien trust formation, and international tax issues. She was elected to the American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,600lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors.

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    Live Video Broadcasts

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    “Live” Re-Broadcasts

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Section I. Explanation of various government benefits
a) How to qualify and stay qualified

Section II. Available irrevocable trust planning options
a) Medicaid qualifying income only trust
b) Special needs trusts
c) Supplemental needs trust
d) Other irrevocable trusts

Section III. Drafting, structuring, and administering qualifying trusts
a) Trustee selection
b) Qualifying the trust
c) Example language

Section IV. Tax aspects

Section V. Ethics
a) Legality of Medicaid planning
b) Identifying your client
c) Confidentiality requirements
d) Attorney-client privilege
e) Clients with diminished capacity
f) Americans with Disability Act
g) Emergency legal services
h) Declining or terminating representation
i) When your client is an estate or trust
j) Conflicts of interest
k) Representing multiple parties
l) Representing a client acting in multiple capacities
m) Special rules for drafting estate planning documents