Webinar: 2015 Special Needs Trusts Fundamentals

Friday, April 24, 2015
1:00 - 5:00 p.m. EDT
Stetson University College of Law

This webinar will address challenging administrative issues faced by trustees, attorneys, financial planners and money managers involved in Special Needs Trust administration. The faculty of nationally known leaders in the field of Special Needs Planning will update the audience on significant topics for administering a Special Needs Trust and at the end of this webinar, you will be able to understand:

  • The implementation status of ABLE
  • The difference between parental duties to their child compared to what the trust is responsible for covering 
  • Rethinking SNT administration — how administration has evolved over time
  • Administering a SNT when public benefits eligibility is no longer an issue
  • How to handle unique problems in SNT administration

The webinar will also feature a Q&A session on problems in administration. 

Schedule
1:00 - 1:10 p.m. EDT
Welcome and Announcements
Professor Rebecca Morgan

1:10 - 1:50 p.m. EDT
The ABLE Update
Robert B. Fleming and Mary Alice Jackson
Since ABLE was approved late in 2014, there has been a lot of discussion about the implementation of the law. This session will provide a brief status on implementation at the federal and state levels.

1:50 - 2:40 p.m. EDT
Yours, Mine and the SNT’s? Parental Duties v. Trust Responsibilities
Stuart D. Zimring
This session will review the requests made by parents of the trustee for distributions, and how the trustee determines appropriate expenditures for the SNT, and when the parents, as parents, should cover the expenditure.

2:40 - 3:30 p.m. EDT
Things We Used to Do but Won’t Do Again
Mary Alice Jackson
When we first started doing SNTs, there were actions we took, or purchases we approved that we wouldn’t do today. Over time, we have refined how we administer these trusts. This session will cover this topic with examples and recommendations.

3:30 - 4:30 p.m. EDT
Administering SNT When Public Benefits Eligibility is No Longer an Issue
Robert B. Fleming
Sometimes, for various reasons, the beneficiary no longer receives (or needs) public benefits. The trustee is then faced with how to administer a SNT which is no longer needed to “supplement, not supplant” public benefits. This session will cover what a trustee should do in administering a SNT in such circumstance.

4:30 - 5:00 p.m. EDT
How Do I Solve This Problem?
Robert B. Fleming, Mary Alice Jackson and Stuart D. Zimring
The day’s speakers will problem solve for the audience. Registrants may (and are encouraged to) submit their questions and problems in advance.

Speakers

Robert B. Fleming
Attorney at Law

Fleming & Curti PLC
Tucson, Arizona

Robert B. Fleming is a partner in the Tucson law firm of Fleming & Curti P.L.C., with a practice limited to trust (and special needs trust) administration, guardianship, conservatorship, estate planning, and probate. Fleming is a co-author (with Lisa Davis) of The Elder Law Answer Book, and (with Professor Kenney Hegland) of New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families. Fleming has been selected as a fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He is a past chair of both the Mental Health and Elder Law and the Probate and Trust Sections of the State Bar of Arizona, and a past president of the National Elder Law Foundation.

Fleming is certified as an estate and trust specialist by the State Bar of Arizona, and as a certified elder law attorney by the National Elder Law Foundation. At different times, he was president of the Pima County Bar Association and the Young Lawyers Section of the State Bar of Arizona (he no longer qualifies to be a member). Fleming is a founding member of the Special Needs Alliance. Perhaps more importantly, he is a husband, father, scuba diver, pilot and martial arts practitioner.


Mary Alice Jackson
Attorney at Law
Mary Alice Jackson, PC
Austin, Texas

Mary Alice Jackson is the sole shareholder in the firm of Mary Alice Jackson, P.C. in Austin, Texas. She actively practices in both Texas and Florida. Her work focuses on elder law and special needs planning for individuals with disabilities and their families. She has an AV Preeminent rating from Martindale Hubbell and has been named a Super Lawyer in Florida since 2007.

Jackson is a Fellow of the National Academy of Elder Law Attorneys and a recipient of the NAELA Powley Award for Public Service. She is a member of the Texas Chapter of NAELA. Jackson also serves on the NAELA national public policy steering committee which identifies public policy priorities for advocacy on the federal level. She is a member of the Special Needs Alliance, a national association of special needs planning attorneys, and serves on its Board of Directors. She is board certified in Elder Law by the Florida Bar and is a past President of the Florida Bar Elder Law Section. Ms. Jackson is a co-author of Planning for the Elderly in Florida, a Lexis Nexis publication. She is a frequent speaker on topics related to elder law, special needs planning and public policy.

Jackson has been an adjunct professor at her alma mater, Stetson University College of Law (also her father’s alma mater) in Gulfport, Florida, since 1994. She currently teaches Long Term Care Planning in the Elder Law L.LM program. She is also a member of the Advisory Board the Center for Excellence in Elder Law at Stetson. Ms. Jackson holds a B.S. in government and a Masters Degree in Public Administration from Florida State University. She lives with her husband, Bob and two standard poodles, Max and Biscuit, and chases after her two year old grandson, Benjamin on an as-needed basis.


Stuart D. Zimring, CAP
Attorney at Law
Law Offices of Stuart D. Zimring
North Hollywood, California

Stuart D. Zimring is in private practice in North Hollywood, California where he concentrates in the areas of elder law, estate and life planning, special needs trusts and probate, conservatorship and trust litigation matters. He is certified as a specialist in estate planning, probate and trust law by the Board of Certification of the State Bar of California, and is co-author (together with Donna Bashaw, CELA) of Tax, Estate & Financial Planning for the Elderly - California Guide and (together with Professor Rebecca Morgan, Bradley Frigon and Craig Reeves) Fundamentals of Special Needs Trusts, both published by Matthew-Bender. He is also a member of the Matthew-Bender/Lexis-Nexis Elder Law Editorial Board.

He graduated from the UCLA School of Law in 1971 with a J.D. degree and is admitted to practice in California, the U.S. District Court, Central and Northern Districts of California and the U.S. Supreme Court.

Zimring is a fellow of both the National Academy of Elder Law Attorneys (NAELA) and the American College of Trust and Estate Counselors (ACTEC), a member of the Special Needs Alliance and is a past president of NAELA as well as a charter member of CAP, NAELA’s Council of Advanced Practioners. He also serves on the boards of directors of a number of non-profit organizations including the National Senior Citizens Law Center (NSCLC) and the Organization for the Needs of the Elderly (ONEgeneration), of which he is also a past president.

CLE Information
Application will be made to The Florida Bar for CLE credits. Application is also being made for CPA, CFP, CTFA and Guardianship CE credits.

Although we only apply for CLE in the state of Florida, we will provide a packet of materials via email to apply for CLE in another state. Stetson University College of Law does not pay the application fee for CLE applications in states other than Florida.

For more information, please contact the Office of Conferences and Events at conferences@law.stetson.edu or 727-562-7312.