Medicaid Issues in Real Estate Transactions: Tax Issues, Transfer Rules, Penalties, Forms of Ownership, Loans

Real estate transactions in the context of elder law planning can have significant legal and tax consequences. Elder law counsel must understand critical concepts, applicable rules, and available planning options in handling real property without disrupting Medicaid eligibility and causing unintended tax burdens or transfer penalties.

A transfer of real estate from an individual or joint ownership to a preferred form of ownership can avoid the disadvantages of an outright gift while also protecting the residence from a Medicaid lien. Depending on the transfer method and form of ownership of the property, developing an effective plan can be complicated and rife with pitfalls. Elder law counsel must recognize critical issues associated with Medicaid transfer rules and the income, estate, and gift tax implications of such transfers.

Listen as our panel discusses the impact of property transfers in elder law planning, critical income, estate, and gift tax issues and planning techniques, Medicaid transfer rules, and avoiding penalties. The panel will also discuss the impact of forms of ownership, loans, mortgages, and other vital matters for purposes of real estate transactions in the context of elder law planning.