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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Thursday, June 15, 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 guidance to elder law and estate planning attorneys on the challenges and legal implications of real property transfers. The panel will discuss the impact of property transfers on income, estate and gift tax, Medicaid transfer rules and penalties, ownership structures, and other key items.

Faculty

Bridget B. Burns
Partner
White and Bright, LLP

Ms. Burns is a partner at White and Bright, LLP. Her practice focuses on all aspects of trust and estate law, including complex estate plans, asset protection, and probate and trust administration. Having been promoted at only 18 months into her career with White and Bright, Ms. Burns is one of the fastest rising partners at the firm.

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Russell E. Farbiarz
Partner
Antanavage Farbiarz, PLLC

Mr. Farbiarz joined the firm in October 2009 and is also the firm’s Managing Partner. Mr. Farbiarz’s practice includes all areas of the law, especially estate planning, real estate, and business law.





Mr. Farbiarz is admitted to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the New York State Court of Appeals, also the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Middle District of Pennsylvania, and the United States District Court for the District of New Jersey.

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Amy L. McGarry
Attorney
Amy McGarry Law Office, PL

Ms. McGarry is a Board Certified Elder Law Attorney by the Florida Bar.  She is the sole owner of Amy McGarry Law Office, PL in Cape Coral, Florida.  She handles Estate planning, Elder law issues, Probate, Trust administration, and Medicaid.  She graduated from the University of Dayton (B.A. 1991) and University of Akron (J.D. 1995).  She originally practiced in Northeast Ohio before moving to SW Florida in 2004.  She is licensed to practice law in Florida and Ohio.  Ms. McGarry is a board member of the Academy of Florida Elder Law Attorneys, and a co-chair of the Elder Law Section of the Lee County Bar Association, technology chair of the Florida Bar Elder Law Section and member of Real Property, Probate and Trust Law Section, and National Academy of Elder Law Attorneys.  She also serves on the Florida Bar Elder Law Certification Committee.  She previously served a three year term on the 20th Judicial Circuit Grievance Committee.  She frequently gives presentations to attorneys and professionals, as well as the community on issues of Estate Planning, Probate/Trusts and Elder Law. 

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Description

Real estate transactions in the context of elder law and estate planning can have significant legal and tax consequences. Elder law counsel and estate planners must understand critical concepts, applicable rules, and available planning options in handling real property without disrupting Medicaid eligibility or causing any adverse impact on a client's estate plan.

The transfer of real estate raises a number of complex issues for elder law counsel and estate planners, such as estate, gift, and capital gains tax implications and Medicaid eligibility issues for the client. In order to avoid or mitigate these issues, counsel must have a complete understanding of all available planning options prior to making any transfers of real property.

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 and estate planners 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 and estate planning, income, estate, and gift tax issues and planning techniques, Medicaid transfer rules, and avoiding penalties.

Outline

  1. Elder law considerations
  2. Estate planning issues
  3. Income, estate, and gift tax implications
  4. Impact of loans, mortgages, and other related items
  5. Best practices for elder law counsel and estate planners

Benefits

The panel will review these and other key issues:

  • What are the implications of real estate transactions to elder law planning?
  • What estate planning issues arise when structuring and implementing real estate transactions?
  • What are the income, estate, and gift tax issues associated with transfers of property?
  • How can certain trusts be used and what are the challenges?
  • What is the impact of forms of ownership, loans, and mortgages?
  • What are the planning options available to transfer property?