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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, July 30, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE course will guide elder law and estate planning attorneys on the challenges and legal implications of real estate transfers for planning purposes. The panel will discuss the impact of property transfers in elder law planning on income, estate and gift tax, Medicaid transfer rules and penalties, and the effect of forms of ownership, loans, mortgages, and other vital matters.

Faculty

Samantha A. Lyons
Partner
Falcon Rappaport & Berkman LLP

Ms. Lyons concentrates her practice on Elder Law with a focus on Medicaid home care and nursing home.

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Sara E. Meyers
Member
Enea Scanlan & Sirignano, LLP

Ms. Meyers concentrates her practice on Elder Law, Trusts & Estates, Special Needs Planning, Guardianships, and long-term care planning strategies, with a focus on Medicaid home care and nursing home .She has been named to the 2013 - 2019 New York Metro Super Lawyers list in Elder Law.

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Description

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.

Outline

  1. Real estate transactions in the context of elder law planning
  2. Medicaid issues
    1. Impact of property or conveyance
    2. Transfer rules
    3. Penalties
    4. Liens
  3. Income, estate, and gift tax implications
  4. Impact of loans, mortgages, and other related items
  5. Best practices for elder law attorneys

Benefits

The panel will review these and other key issues:

  • What are the implications of real estate transactions to elder law planning?
  • What are the income, estate, and gift tax issues associated with transfers of property?
  • How do the Medicaid transfer rules apply, and what are the steps to minimize or avoid penalties?
  • What is the impact of forms of ownership, loans, and mortgages?
  • What are the planning options available to transfer property without impacting Medicaid eligibility or triggering penalties?