Medicaid and Estate Planning: Conflicts, Trust Drafting Issues, Tax Consequences

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.
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Conducted on Thursday, April 8, 2021

Recorded event now available

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Course Materials

This CLE course will provide elder law attorneys guidance on navigating challenges and avoiding missteps between Medicaid and estate planning. The panel 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.


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, accounting for multiple income sources, and the tax consequences of any other estate planning activities.

Listen as our panel 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.



  1. Estate planning needs vs. Medicaid requirements
  2. Trust drafting and Medicaid
  3. Gifting vs. Medicaid transfers
  4. Tax implications


The panel 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?
  • 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?


Arkin, Brandon
Brandon Arkin

Solkoff Legal

Mr. Arkin represents the elderly, the disabled and their caregivers in all facets of Elder Law including Estate...  |  Read More

Greenberg, Michael
Michael J. Greenberg

Lamson & Cutner

Mr. Greenberg's practice includes estate planning for high net worth individuals and families, estate and trust...  |  Read More

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