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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

    Wednesday, February 1, 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 attorneys guidance on navigating challenges and avoiding missteps between Medicaid and estate planning. The panelist will discuss the inherent differences between Medicaid planning and estate planning, common mistakes in drafting trusts, tax consequences, accounting for multiple income sources, and other issues for elder law attorneys.

Faculty

Don L. Rosenberg
Co-Founder, Shareholder
Barron Rosenberg Mayoras & Mayoras, PC

Mr. Rosenberg has more than 35 years of experience practicing law and focuses on estate planning, elder law, Medicaid planning, Veteran's benefits, end of life care and special needs planning. He blends solid experience with a keen sensitivity and awareness to the emotional challenges that families experience when planning for the care of their elderly loved ones and for those with special needs. Mr. Rosenberg established an expertise in elder law before the "elder law" term was coined and helped found The Center for Elder Law, a renowned division of BRMM. He has received numerous awards and recognitions for his work in the elder law and elder care fields.

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Description

The use of certain estate planning techniques can have a significant impact on Medicaid planning and eligibility requirements. Elder law attorneys must develop strategies to ensure effective Medicaid planning.

Medicaid requires an applicant to have income and assets under a specified amount to be eligible. Still, some estate planning activities can cause challenges in meeting those requirements and related rules. To ensure effective Medicaid planning, attorneys must avoid common mistakes, such as failing to monitor and take into account any gifts and other transfers, drafting certain trusts, ensuring power of attorneys are appropriate for Medicaid planning, and accounting for multiple income sources. It is particularly important to consider the tax consequences of gifting, retirement assets, and any other estate planning activities.

Listen as Don L. Rosenberg, Co-Founder, Shareholder at Barron Rosenberg Mayoras & Mayoras, discusses Medicaid planning strategies and the impact of estate planning activities, avoiding mistakes in drafting trusts, potential tax implications, and other key issues for elder law attorneys.

Outline

  1. Estate planning needs vs. Medicaid requirements
  2. Drafting of trusts and power of attorneys in relation to Medicaid
  3. Gifting vs. Medicaid transfers
  4. Tax implications

Benefits

The panelist will review these and other key issues:

  • What are the key issues for Medicaid planning vs. estate planning?
  • What factors must be considered in making gifts vs. Medicaid transfers?
  • What are the tax implications of transferring annuities for Medicaid?
  • What are the implications of dealing with retirement assets in a Medicaid context?
  • How do you navigate the issues presented by multiple sources of income?
  • How can you ensure compliance with other benefits eligibility requirements?
  • What mistakes must be avoided in utilizing and drafting certain trusts?
  • Medicaid proactive planning for the community spouse
  • Medicaid planning for married couples v. single persons