Protecting Public Benefits in Estate Plans, Trusts, and Settlements: A Practical Guide for Attorneys

Ben Tiefenback
Ben Tiefenback
Commonwealth Community Trust

Ben Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator that has served over 3,000 beneficiaries across the United States who are vulnerable or have a disability.

Joanne Marcus
Joanne Marcus
Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT) a non-profit pooled trust administrator that has served over 3,000 beneficiaries across the United States who are vulnerable or have a disability. Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000.

On-Demand: January 21, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

If your client has a disability, or has a loved one with a disability, this impacts representation in a variety of areas, including estate planning, family law, and personal injury law. The complexity of planning for the future and navigating public benefits creates unique challenges. Attorneys must act carefully to safeguard the person’s eligibility for public benefits and to supplement those benefits to improve their quality of life. This presentation dives into the use of pooled special needs trusts in both the personal injury and estate planning context to protect access to benefits for your clients with disabilities, or your clients’ loved ones with disabilities.

Key topics to be discussed:

  • Special needs trusts: Pooled and standalone structures
  • Government benefits
  • Protecting benefits in settlement planning
  • Protecting benefits in estate planning

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Ben Tiefenback | Commonwealth Community Trust

Ben Tiefenback, Esq., is Counsel and Director of Client Services at Commonwealth Community Trust, a non-profit pooled trust administrator that has served over 3,000 beneficiaries across the United States who are vulnerable or have a disability.

Prior to joining CCT, Mr. Tiefenback was a trust and estate attorney serving Hampton Roads, the Middle Peninsula, and the Northern Neck. His practice focused on estate planning and trust creation and administration, with an emphasis on special needs trust planning due to his personal experiences with special needs issues in his family.

Mr. Tiefenback currently serves on the board of directors of the Alliance of Pooled Trusts (APT), the first coalition in the United States dedicated to uniting Pooled Trust providers in establishing best practices for the industry. He also writes for CCT and other publications, including NAELA News, and speaks at CLE seminars and other events across the country.

 

Joanne Marcus, MSW_Commonwealth Community Trust_FedBarJoanne Marcus | Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT) a non-profit pooled trust administrator that has served over 3,000 beneficiaries across the United States who are vulnerable or have a disability. Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000.

As an expert in the field of Pooled Special Needs Trust administration, Ms. Marcus has published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network. Ms. Marcus is frequently asked to present to professional organizations and family groups nationwide including The National Academy of Elder Law Attorneys, The American Academy of Estate Planners, The United Spinal Association, and Stetson University College of Law.

Agenda

I. Special needs trusts: Pooled and standalone structures | 1:00pm – 1:30pm

II. Government benefits | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Protecting benefits in settlement planning | 2:10pm – 2:40pm

IV. Protecting benefits in estate planning | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

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

Approved for Self-Study Credits
2 General

Arkansas

Pending CLE Approval
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

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

Pending CLE Approval
2 General

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

Approved for CLE Credits
120 General 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
2.4 General

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
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

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

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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