BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Wednesday, December 13, 2023

  • 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.

$197.00
CLE
ALL

This CLE webinar will provide elder law attorneys guidance on structuring real estate gifts and trust transfers in Medicaid planning and available techniques to avoid common tax challenges and issues that may impact eligibility. The panel will discuss the intersection between key tax rules and Medicaid planning and eligibility, transfers of assets by outright gift versus gift to a trust, issues arising from or resulting in income and capital gains taxes, and other key items.

Faculty

Mary M. Markovich
Attorney
The Law Offices of Mary Markovich, PA

Ms. Markovich is a renowned expert on Medicaid planning and eligibility issues and guidelines for both VA Pension, commonly called VA Aid and Attendance and VA Compensation benefits. She is a sought-after speaker on these issues and often speaks to groups of fellow attorneys, financial planners, CPAs, and other professionals about the qualification of clients for both Medicaid and VA benefits.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Stephen J. Silverberg
Attorney
Law Office of Stephen J. Silverberg, PC

Mr. Silverberg is nationally recognized as a leader in the areas of estate planning, estate administration, asset preservation planning, and elder law. He is a past president of the prestigious National Academy of Elder Law Attorneys (NAELA), and a founding member and past president of the New York State chapter of NAELA. Mr. Silverberg was awarded the credential of NAELA Fellow, the highest honor bestowed by NAELA to “attorneys… whose careers concentrate on elder law, and who have distinguished themselves both by making exceptional contributions to meeting the needs of older Americans and by demonstrating a commitment to the Academy.” He is also a founding member of the New York State chapter of NAELA. Mr. Silverberg holds the designation of a Certified Elder Law Attorney (CELA), awarded by the National Elder Law Foundation. There are fewer than 520 CELAs throughout the United States.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The use of real estate gifting and trust transfers and other specific estate planning tools can have a significant impact on Medicaid planning and eligibility requirements. Elder law attorneys must develop strategies to ensure effective Medicaid planning and determine the appropriate use of any gifts and trust transfers.

Medicaid requires an applicant to have income and assets under a specified amount to be eligible. Still, some gifting and transfer activities can cause challenges in meeting those requirements and related rules. To ensure effective Medicaid planning, attorneys must consider key tax issues, such as the nuances of outright gifts versus gifts to a trust, real estate tax exemptions, avoiding capital gains tax, and other key items.

Listen as our panel discusses the intersection between key tax rules and Medicaid planning and eligibility, avoiding mistakes in drafting trusts, transfers of assets by outright gift versus gift to a trust, issues arising from or resulting in income and capital gains taxes, and other key items.

Outline

  1. Tax rules vs. Medicaid requirements
  2. Trust drafting and Medicaid
  3. Gifting vs. Medicaid transfers
  4. Tax implications

Benefits

The panel will review these and other key issues:

  • What are the key tax issues for Medicaid planning?
  • What factors must be considered in making gifts vs. Medicaid transfers?
  • How can real estate transfers be used in Medicaid planning and what are pitfalls to avoid?
  • How can you ensure compliance with other benefits eligibility requirements?
  • What mistakes must be avoided in utilizing and drafting certain trusts?