Ready to Register?

MyLawCLE All-Access Pass

Best choice

Add the All-Access Pass and get this program —
plus 1,000+ live CLE programs every year.


All specialty & ethics credits included
38 practice areas
New sections: AI & the Law, Practice Management
100s of current and trending legal topics
Nationally recognized and highly experienced presenters

$395 / year — this program included
Register with the All-Access Pass

This program + 1,000+ CLE programs, all year

Or register for just this program

On-Demand Video

Recorded access + self-study credit.
$195 Register

Managing Disbursement Challenges in Special Needs Trusts and Settlement Preservation Trusts: Fiduciary Duties, Compliance Risks, and Real-World Strategies for Complex Distributions

Managing trust disbursements while protecting government benefits, addressing fiduciary duties, and planning for challenging beneficiary circumstances.

2025-09-25 13:00:00

Program Details

2025-09-25 13:00:00

Program Details

2025-09-25 13:00:00

Over 1,000+ webinars

2025-09-25 13:00:00

Course Overview

Navigating Special Needs Trust Disbursement Challenges

2025-09-25 13:00:00

Participants will learn strategies for managing trust distributions while protecting beneficiary eligibility for government benefits. These skills enable trustees to make compliant, person-centered disbursement decisions.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Government Benefits
Understanding means-tested benefits like SSI and Medicaid to avoid jeopardizing eligibility.
02
Distribution Standards
Comparing absolute discretion versus ascertainable standards in trust administration.
03
Fiduciary Duties
Managing duties of care, loyalty, prudence, and transparency with beneficiaries.
04
ABLE Accounts
Using ABLE accounts to pay shelter expenses without reducing SSI payments.
05
Trust Termination
Navigating Medicaid payback requirements for first-party special needs trusts.
06
Estate Planning
Drafting tips for naming fiduciaries and building trustee succession mechanisms.

Program schedule

clock 1:00 pm - 1:20 pm EST

Government Benefits and Their Impact on Distributions

This session explores how means-tested benefits like SSI and Medicaid create critical constraints on trust disbursements. Participants will learn to distinguish between means-tested and earned benefits, and understand how In-Kind Support and Maintenance rules affect distribution decisions.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 1:20 pm - 1:40 pm EST

Trust Administration Fiduciary Duties and Distribution Policies

This comprehensive session covers the trustee’s core responsibilities including fiduciary duties of care, loyalty, and prudence. Attendees will examine absolute discretion versus ascertainable standards, communication best practices, and person-centered decision-making frameworks for disbursements.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 1:40 pm - 1:50 pm EST

ABLE Accounts as Distribution Planning Tools

Learn how Achieving a Better Life Experience accounts provide flexible solutions for shelter expenses without triggering SSI reductions. This session covers eligibility requirements, contribution limits, and strategic uses of ABLE accounts alongside special needs trusts.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 1:50 pm - 2:00 pm EST

Trust Termination and Medicaid Payback Requirements

This session examines the distinct termination rules for first-party and third-party special needs trusts, including Medicaid payback obligations. Participants will also learn about pooled trust remainder policies and advance burial planning considerations.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:00 pm - 2:10 pm EST

Scheduled Break for Attendee Refreshment

A brief intermission allowing participants to refresh and prepare for the remaining sessions. Use this time to reflect on concepts covered and formulate questions for upcoming discussions.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:10 pm - 2:30 pm EST

Tax Considerations for Special Needs Trust Disbursements

This session addresses the tax implications of grantor versus non-grantor trust structures and their impact on disbursement planning. Attendees will explore how traditional retirement account distributions interact with special needs trust administration.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:30 pm - 2:50 pm EST

Real-Life Difficult Distribution Decision Case Studies

Engage with practical fact patterns illustrating challenging disbursement scenarios and trust termination decisions. This interactive session applies earlier concepts to realistic situations trustees commonly encounter in practice.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
clock 2:50 pm - 3:10 pm EST

Estate Planning Strategies for Challenging Trust Distributions

This concluding session provides drafting tips for anticipating difficult beneficiary circumstances, including mental illness, substance abuse, and vulnerability to exploitation. Participants will learn strategies for naming appropriate fiduciaries, empowering trust protectors, and building succession mechanisms into trust documents.

Ben TiefenbackBen Tiefenback
Joanne MarcusJoanne Marcus
Ben Tiefenback

Ben Tiefenback

Commonwealth Community Trust

Joanne Marcus

Joanne Marcus

Commonwealth Community Trust

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 serving beneficiaries across the United States who are injured, vulnerable, or have special needs.

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 serving beneficiaries who are vulnerable or have a disability. She is an expert in the field of Pooled Special Needs Trust administration.

Education & Credentials

MSW

Recognition & Leadership

Ms. Marcus has published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network.

Professional Involvement

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.

Experience

Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000.
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 serving beneficiaries across the United States who are injured, vulnerable, or have special needs.

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 serving beneficiaries who are vulnerable or have a disability. She is an expert in the field of Pooled Special Needs Trust administration.

Education & Credentials

MSW

Recognition & Leadership

Ms. Marcus has published numerous articles for professional organizations including The National Alliance on Mental Illness and The National Medicare Secondary Payer Network.

Professional Involvement

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.

Experience

Ms. Marcus has worked in nonprofit administration since 1978 and has led CCT since 2000.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs