Managing Disbursement Challenges in Trust Administration: Fiduciary responsibilities, and legal considerations

Joanne Marcus
Joanne Marcus
Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT).

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.

On-Demand: May 24, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

This program provides invaluable insights into the complexities of managing disbursements within trust administration. Delving into the intricacies of fiduciary responsibilities and legal considerations, this resource equips trustees and administrators with strategic approaches to efficiently navigate disbursement challenges. From balancing beneficiaries' needs and desires to complying with regulatory frameworks, this guidance ensures prudent decision-making to safeguard trust assets and uphold the trust's objectives effectively.

Key topics to be discussed:

  • Regulatory Compliance: Understanding and adhering to legal requirements and regulations governing trust administration.
  • Investment Management: Strategies for managing trust assets to ensure growth and preservation of capital.
  • Risk Management: Identifying and mitigating risks associated with trust disbursements, including market volatility and liquidity concerns.
  • Fiduciary Responsibilities: Duties and obligations of trustees in overseeing trust disbursements and ensuring they align with beneficiaries' best interests.
  • Distribution Policies: Developing clear guidelines and policies for trust distributions to beneficiaries, considering their needs and the trust's objectives.
  • Tax Considerations: Minimizing tax implications associated with trust disbursements, including income, estate, and gift taxes.
  • Communication and Transparency: Establishing effective communication channels with beneficiaries and providing transparency regarding disbursement decisions.
  • Contingency Planning: Developing contingency plans for unforeseen events that may impact trust disbursements, such as market downturns or beneficiary disputes.
  • Technology and Automation: Leveraging technology and automation tools to streamline disbursement processes and enhance efficiency while ensuring accuracy and security.

Closed-captioning available

Speakers

Joanne Marcus, MSW_Commonwealth Community Trust_myLawCLEJoanne Marcus, MSW | Commonwealth Community Trust

Joanne Marcus, MSW, serves as the President and CEO of Commonwealth Community Trust (CCT). 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.

CCT was founded in 1990. Under the leadership of Ms. Marcus, CCT has grown to serve close to 3,000 trust beneficiaries that are vulnerable, injured, or have special needs throughout the United States.

 

Ben Tiefenback_myLawCLEBen Tiefenback, Esq. | 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.

Prior to joining CCT, Mr. Tiefenback was a trust and estate attorney at Sands Anderson PC and TrustBuilders Law Group. 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.

Agenda

I. Regulatory Compliance | 12:00pm – 12:12pm

II. Investment Management | 12:12 – 12:24pm

III. Risk Management | 12:24pm – 12:36pm

IV. Fiduciary Responsibilities | 12:36pm – 12:48pm

V. Distribution Policies | 12:48pm – 1:00pm

Break | 1:00pm – 1:10pm

VI. Tax Considerations | 1:10pm – 1:22pm

VII. Communication and Transparency | 1:22pm – 1:34pm

VIII. Contingency Planning | 1:34pm – 1:46pm

IX. Technology and Automation | 1:46pm – 1:58pm

X. Professional Collaboration | 1:58pm – 2:10pm

Credits

Alaska

Approved for CLE Credits
2 General

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

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
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 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General Hours

Receive CLE credit in Florida via reciprocity
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

Approved for Self-Study Credits
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 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE 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

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

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

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Approved for Self-Study Credits
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 General Hours

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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