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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

    Wednesday, November 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 course will provide elder law counsel in-depth guidance on structuring Medicaid asset protection trusts (MAPTs) to benefit their clients' Medicaid eligibility and tax planning needs. Our panel will discuss common pitfalls of utilizing trusts in elder law, look-back requirements, income tax basis, gift tax rules, and more.

Faculty

Rachael Houck
Miscellaneous
Michael J. Menninger
Owner/Attorney
Houck Menninger Law, LLC

Mr. Menninger focuses his practice on estate planning, including asset protection, working with farmers and small business owners, planning for special needs, and planning for same-sex couples. He also has an extensive background in estate, trust, and guardianship litigation. Mr. Menninger is committed to offering clients both legal knowledge and compassion in planning for their families and future. He understands that individuals and families face important decisions when considering everything they have accumulated through the years and everyone they love. His practice approach is to work closely with his clients to allay fears and accomplish goals with personal support and the clear information needed to properly plan. Licensed in Ohio, Indiana, and Kentucky, He is able to serve clients in the Southwest Ohio region and beyond. He has been named a Rising Star by Ohio's Super Lawyers.

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Description

A MAPT is an effective tool for counsel to elderly clients. If properly structured, MAPTs can fulfill clients' nursing care and tax planning needs whose assets and income disqualify them from Medicaid but aren't sufficient to pay nursing home expenses.

Elder law counsel must balance the intricacies involved in drafting and implementing MAPTs, with the precise Medicaid requirements to include the look-back periods. Certain assets intended to be left behind for children or a spouse can impact Medicaid eligibility. A trust can protect assets from a Medicaid spend-down so long as neither the applicant nor spouse have direct access to the principal or is named as the trustee.

Elder law counsel must also understand how MAPTs intersect with estate, gift, and income taxes.

Listen as our distinguished panel guides counsel to effectively structure MAPTs for the purposes of maximizing Medicaid eligibility.

Outline

  1. Key challenges of structuring MAPTs
  2. Look-back rules
  3. Structuring key provisions
  4. MAPT tax benefits and potential issues
    1. Estate
    2. Income
    3. Gift

Benefits

The panel will review these and other key issues:

  • How is a MAPT beneficial for Medicaid eligibility purposes?
  • How are the various and specific Medicaid eligibility requirements integrated with the MAPT?
  • How does the MAPT intersect with estate, income, and gift taxes?
  • What are the necessary drafting techniques to maximize benefits?