A Little About Me:
I was born and raised in Alabaster, Alabama (Go Warriors!). I attended college and graduate school at UAB where I was a member of the Women’s Track & Cross-Country Team. After completing my degrees, I moved to Japan where I lived on the small island of Iki, Nagasaki for two years. While in Japan, I received my advanced scuba diving certificate and traveled throughout Southeast Asia. My husband, Kerry, and I have three children and three rescue dogs. In 2011, I received a $500,000 grant to bring a Dream Dog park to my hometown in honor of my dog, Honey Belle (pictured above), who was found as a stray in the park. During my free time, I can be found at The Red Barn, where my daughter rides horses or with my son canvasing every playground in and around Birmingham.
I am an active member of the community. I currently serve on the following boards: President, JCIDDA/310 Board; Secretary, Undefined Birmingham; Treasurer, GASP; Shelby Humane Society; ARC of Shelby County; Down Syndrome Alabama; Special Siblings; and 25:35.
I am a graduate of Leadership Birmingham (2023), Leadership Shelby County (2012), and Partners in Policymaking Alabama (2022).
Hi, I’m JEnny McInerney.
I devote my practice to helping families and small businesses with their legal needs. My expertise in estate planning focuses primarily on families with special needs children. I am passionate about helping families with special needs planning, which is estate planning for the benefit of a family which includes someone who is disabled or who may be receiving needs-based government assistance. The emphasis in our planning for such a family is to protect the family member who may receive (now or in the future) needs-based government assistance. I achieve this through estate planning and by utilizing specialized accounts, special needs trusts, and other legal and financial tools.
I began my legal career working at a large firm focusing on financial litigation. It was only after I adopted my middle child, with special needs, that I experienced the lack of resources available to similarly situated families. Managing that process for my own family inspired me to shift my legal focus to better advocate on behalf of my daughter. In doing so, my practice has also shifted.
Thus, one important focus of my law practice is helping families navigate the complexity of special needs advocacy. In doing so, I combine my legal knowledge with my personal experiences as the parent of a special needs child. I work with families as they learn to advocate for their child both in the education system and in life long planning. I work with families seeking to better understand special education and IEP meetings, help them secure additional services and accommodations, and understand the role of effective advocacy.
Many of the families I have served own and operate small businesses right here in our community. As I advised families with their personal affairs, I learned they also needed help with their businesses. In this way, I serve as the trusted advisor for my clients’ family matters as well as their business interests. As a consequence, I handle business entity formation, general business and corporate law matters, and litigation. I also have extensive experience in non-profit formation and management.
I see my role as an attorney as a family advocate and trusted advisor to small business. Through the process of estate planning and special needs advocacy, I become intimately familiar with you and your family. In doing so, I am able to help position your family—and your special needs dependent—for the best chance of success, however that is defined by you.
As trusted advisor for your small business, I serve as your legal guide. I may act as your advocate in contested matters, counselor on formation and corporate law matters, and help you buy or sell business interests. Just as it is my goal in family estate planning and advocacy, my goal in representing my business clients is to contribute to their best chance of success by managing all of their legal affairs.
My Approach
Proper estate planning is a gift you leave for your loved ones. By adequately preparing for an unexpected (or expected) illness or death, you can eliminate or reduce the stress and pressures placed on loved ones during an otherwise emotional time. In your estate planning, you will address legal, medical and spiritual beliefs and wishes. Many of these wishes are deeply personal and, in many cases, have never been discussed. To me, the process of facing these otherwise difficult questions is an act of love. By clearly spelling out your final wishes through our estate planning process, you ensure that your wishes have been communicated and reduce potential conflict among the loved ones you leave behind.
Estate planning can also be tailored for specific medical issues like mental health illness. I have experience in advising clients on the proper use of Advance Healthcare Directives to specify treatment in the event of a mental health crisis. This is a wonderful tool that families which include special needs children or other individuals with disabilities can utilize to ensure that specific treatment is used—or not used—in the event they should become incapacitated.
The estate plan is a road map for your family and loved ones to follow in the event that you become disabled or pass away. This comprehensive plan prepares your loved ones for the unexpected.
Publications
“When Winning Can be Losing: Special Care in Settling Claims for Clients with Special Needs,” 46 Am. J. Trial Advoc. 329, Mar 1, 2023
“‘He Started It’ Is Not a Defense to Attorney Misconduct," DRI The Whisper, Mar 1, 2010
“State Attorneys General Strong-Arm Mortgage Lenders,” ABA Business Torts Journal, Sep 1, 2009
“To Argue is Human, To Exclude, Divine: The Role of Motions in Limine and the Importance of Preserving the Record on Appeal,” 32 Am. J. Trial Advoc. 541, Jan 1, 2009
Education
LL.M. in Taxation, Washington University School of Law in St. Louis
J.D., magna cum laude, Indiana University School of Law
M.A., summa cum laude with distinction, University of Alabama at Birmingham
B.A., magna cum laude with distinction, University of Alabama at Birmingham
Speeches (2023-2024)
“Special Needs Trusts and ABLE Accounts: What Every Practitioner Should Know,” Federal Bar Association, November 2024.
“SNTs, Guardianships, and ABLE Accounts,” SECCO Unlocking the Mystery Conference Series, November 2024.
“Navigating Tax Challenges of ABLE Accounts and SNTs,” Strafford BARBRI, November 2024.
“A Deeper Dive into Probate: Insolvent Estates,” National Business Institute, November 2024.
“Final Accounting: Estate Administration Essentials,” Federal Bar Association, October 2024.
“Trusts in Alabama from A to Z,” National Business Institute, October 2024.
“Probate Horror Stories: Nightmare PRs, Warring Beneficiaries, and Vampire Creditors,” National Business Institute, October 2024.
“Alabama Probate Process from Start to Finish: Handling Probate from Initial Notices through Estate Closing,” National Business Institute, September 2024.
“Medicaid Planning: Underwater Rocks and Dangerous Mistakes,” National Business Institute, September 2024.
“Special Needs Trusts and Guardianships: Planning made perfect,” Glenwood, September 2024.
“Special Needs Trusts and ABLE Accounts: What Every Parent Should Know,” Arc Statewide DisABILITY Conference, September 2024.
“Trusts: Start to Finish,” Cullman County Bar Continuing Legal Education, September 2024.
“Special Needs Trusts and ABLE Accounts: What Every Practitioner Should Know,” National Business Institute, August 2024.
“Estate Administration 101: Case Studies and War Stories,” National Business Institute, August 2024.
“Special Needs Trusts and ABLE Accounts: What Every Parent Should Know,” Vivan B. Adams School, August 2024.
“Advanced Estate Administration,” National Business Institute, July 2024.
“Medicaid Planning: Tackling Tough Eligibility Scenarios,” National Business Institute, July 2024.
“Vermont Medicaid Asset Planning: A Practical Toolkit,” National Business Institute, June 2024.
“Alabama Estate Administration from Start to Finish,” National Business Institute, June 2024.
“Special Needs Trusts and ABLE Accounts: Your Child’s Path to Independence,” Alabama Parent Education Center, April 2024.
“Special Needs Trusts and ABLE Accounts: What Every Parent Should Know,” April 2024, Undefined Birmingham and The Bell Center.
“Trusts From Start to Finish,” National Business Institute, March 2024.
“Lunch and Learn: Special Needs Trusts and ABLE Accounts,” Down Syndrome Alabama, March 2024.
“Old Tools and New Rules: Updating Your Small Estates Tactics,” National Business Institute, March 2024.
“PROBATE: Complete Walkthrough with Checklists,” National Business Institute, March 2024.
“Lunch and Learn: Guardianships and Alternatives,” Down Syndrome Alabama, February 2024.
“Tax and Accounting Basics for Trusts and Estates Attorneys,” National Business Institute, February 2024.
“Lunch and Learn: What you Need to know about SSA,” Down Syndrome Alabama, January 2024.
“Safety with Identification,” The ARC of Shelby County, January 2024.
“Step-by-Step Guide to Drafting Wills and Trusts in Alabama,” January 2024.
“Supplemental Needs Trust Structures, Uses, and Key Provisions,” National Business Institute, December 2023.
“Nevada Trusts 101,” National Business Institute, December 2023.
“Special Needs Trusts and ABLE Accounts,” ARC of Alabama's disABILITY Conference, December 2023.
“Medicaid Asset Transfer Rules and Techniques,” National Business Insititute, November 2023.
“Special Needs Trusts 2023,” National Business Institute, November 2023.
“Step-by-Step Guide to Drafting Wills and Trusts in Alabama,” National Business Institute, November 2023.
“Trusts From Start to Finish,” National Business Institute, September 2023.
“Special Needs Trusts 2023,” National Business Institute, August 2023.
“Special Needs Trusts Primer: Drafting, Uses, Benefits Eligibility, ” National Business Institute, September 2023.
“Special Needs Trusts Primer: Drafting, Uses, Benefits Eligibility,” National Business Institute, April 2023.
“Guardianships and the Available Alternatives: What Every Parent Should Know,” Transition Hot Topics, March 2023.
“Texas Special Needs Trusts,” National Business Institute, February 2023.
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Board Member
Jenny serves on the Board of Directors for Down Syndrome Alabama. She is active on the compliance and education committees.
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Vice PResident, Board Member
Jenny serves on the Board of Directors for the Arc of Shelby County. She is active on the finance committee, development committee, and the compliance committee.
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Secretary, Board Member
Jenny serves on the Board of Directors for Undefined Birmingham. She is active on the Executive Committee by serving as Secretary for the organization.
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President, Board Member
Jenny serves on the Board of Directors for the Jefferson County Intellectual and Developmental Disabilities Authority (310 Board). She is active on the Executive Committee and serving as President for the organization.
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Treasurer & Secretary, Board Member
Jenny serves on the Board of Directors for GASP. She is active on the Executive Committee and serving as Treasurer for the organization.
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President, Board Member
Jenny serves on the Board of Directors for Special Siblings. She is active on the Executive Committee and serving as Co-President for the organization.
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Board Member
Jenny serves on the Board of Directors for Shelby County Humane Society. She is active on the governance committee. She serves as counsel for the organization.
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Board Member
Jenny serves on the Board of Directors for 25:35. She is active with the organization which provides food, clothing, and wish items to children in need in Jefferson County schools.
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Den Leader, Pack 320
Jenny is the leader for the Wolf den, Pack 320.
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Co-Chair, Consumer Advisory Committee
The UAB Center for Excellence in Developmental Disabilities strives to improve the well-being and quality of life across the lifespan for individuals and families impacted by developmental disabilities in Alabama and beyond through clinical and community service, education, research, and advocacy.