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Real Estate Gifting and Trust Transfers in Medicaid Planning: Key Provisions, Tax Issues, and Pitfalls to Avoid

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, December 13, 2023

Recorded event now available

or call 1-800-926-7926

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.

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.

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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?

Faculty

Markovich, Mary
Mary M. Markovich

Attorney
The Law Offices of Mary Markovich

Ms. Markovich is a renowned expert on Medicaid planning and eligibility issues and guidelines for both VA Pension,...  |  Read More

Silverberg, Stephen
Stephen J. Silverberg

Attorney
Law Office of Stephen J. Silverberg

Mr. Silverberg is nationally recognized as a leader in the areas of estate planning, estate administration, asset...  |  Read More

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