Third-party and Self-created Trusts: A Modern Look

Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.

Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you:

• Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs
• Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients
• Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death.

In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.

Rebecca C. Morgan

Boston Asset Management Chair in Elder Law, Center for Excellence in Elder Law

B.S.B.A., Central Missouri State University

J.D., Stetson University

Courses:

Aging and the Law (J.D. and LL.M. courses), Elder Law, Trusts and Estates, Disability Law

Rebecca C. Morgan is the Boston Asset Management Chair in Elder Law. Professor Morgan teaches a variety of elder law courses in the J.D. and LL.M. programs and oversees the elder law concentration program for J.D. students. She is the successor co-author of Matthew Bender's Tax, Estate and Financial Planning for the Elderly, and its companion forms book (Lexis), a co-author of Representing the Elderly in Florida, (Lexis), The Fundamentals of Special Needs Trusts (Lexis), Ethics in an Elder Law Practice (ABA) and Planning for Disability (Bloomberg BNA Portfolio) and co-author of Elder Law in Context (casebook, forthcoming Aspen). She is a member of the elder law editorial board for Matthew Bender. Professor Morgan has authored a number of articles on a variety of elder law issues and has spoken a number of times on subjects of elder law. She is the co-editor of the Elder Law Prof Blog, http: //lawprofessors.typepad.com/elder_law/ (with Katherine Pearson (Penn State)).

Professor Morgan is a past president of the National Academy of Elder Law Attorneys, past president of the board of directors of the National Senior Citizens Law Center, past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section, and on the faculty of the National Judicial College. She served as the reporter for the Uniform Guardianship and Protective Proceedings Act. She served on the Florida Attorney General's Task Force on Elder Abuse and the Florida Legislative Guardianship Study Commission. She is a member of the American Law Institute (ALI), academic advisory board for the Borchard Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel (ACTEC), a NAELA fellow, and a member of NAELA's Council of Advanced Practitioners (chair 2012-2014). After a term on the Board of the ABA Commission on Law and Aging, she is a special advisor to the ABA Commission on Law and Aging. She is a member of the board of directors for the Center for Medicare Advocacy.

Professor Morgan was the recipient of the 2003 Faculty Award on Professionalism from the Florida Supreme Court Commission on Professionalism. She received the NAELA Unaward in November 2004 from President Stu Zimring for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She received the 2006 Rosalie Wolf Memorial Elder Abuse Prevention Award from the National Committee for the Prevention of Elder Abuse. She received the Homer & Dolly Hand Award for Faculty Scholarship in May of 2008, and the NAELA President's Award from NAELA President Mark Shalloway in May of 2008. She received the Theresa Award from the Theresa Alexandra Foundation in 2008. Professor Morgan was the 2009 recipient of the Treat award from the National College of Probate Judges. She currently lives in Gulfport, Florida.

Phone: 727-562-7872 Email: morgan@law.stetson.edu Office: Elder Law (Gulfport)

Robert B. Fleming is a partner in the Tucson elder 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. Mr. Fleming was the original author of The Elder Law Answer Book, and co-author (with the late Professor Kenney Hegland) of New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families. He is certified as an Estate and Trust specialist by the State Bar of Arizona, and as a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. Mr. Fleming is a founding member of the Special Needs Alliance (https: //www.specialneeds alliance.org/). He has lived in (and is passionate about) downtown Tucson, Arizona (a UNESCO International City of Gastronomy), for more than four decades.

Ms. Poland is partner at the law firm Mayo & Poland, PLLC, in Baytown, Texas. She focuses her practice on special needs trust planning and administration, Medicaid planning, and qualified settlement funds. Born and raised a Kansas girl, Ms. Poland was inspired to become an elder law attorney when she watched her family struggle with care options for her great-grandmother, Lulu Sleeper, who lived to the age of 109. Ms. Poland is a member of, and has served in various leadership roles for, the Houston Bar Association, the Texas Chapter of the National Academy of Elder Law Attorneys, and the Special Needs Alliance. When Ms. Poland is not helping clients, she loves taking family adventures with her husband and their twin daughters and young son.