Public Benefits and Special Needs Trusts

Administering Special Needs Trusts can be particularly problematic because it involves caring for beneficiaries with special needs and the risk of losing critical benefits. This program will cover the common problems attorneys encounter in administering special needs trust including finding a good trustee, managing the beneficiary’s expectations, handling distributions, handling a failed trust, and dealing with creditors. This program will also cover common solutions including decanting, trust termination, NJSAs, guardianships, changing trustees, as well as using pooled trusts, corporate trustees, trust protectors, care managers, and considering ABLE accounts as an alternative. Understanding the problems and solutions in administering special needs trusts will enable you to better advise your clients on creating a special needs trust in addition to solving problems after they arise.

Explore key strategies for handling large estates, including tax-efficient planning, trust structures, liquidity management, and compliance with current estate and gift tax laws. Gain practical guidance to help clients preserve and transfer wealth effectively.
Originally presented as part of Elder Law Short Course 2025.

Guardianship estates involving special needs trusts have special issues. Learn how to establish 1st part SNTS in both adult and minor guardianships, how to handle a ward’s beneficial interest in a 3rd party SNT, obtaining court approval for PI settlements payable to an SNT, handling the payment of annuity income to an SNT, managing distributions for minor and adult wards, and the notice and accounting issues particular to both probate and special needs trusts.