Medicaid Issues in Real Estate Transactions: Tax Issues, Transfer Rules, Penalties, Forms of Ownership, Loans

Note: CPE credit is not offered on this program

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


Conducted on Thursday, July 30, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide elder law and estate planning attorneys on the challenges and legal implications of real estate transfers for planning purposes. The panel will discuss the impact of property transfers in elder law planning on income, estate and gift tax, Medicaid transfer rules and penalties, and the effect of forms of ownership, loans, mortgages, and other vital matters.

Description

Real estate transactions in the context of elder law planning can have significant legal and tax consequences. Elder law counsel must understand critical concepts, applicable rules, and available planning options in handling real property without disrupting Medicaid eligibility and causing unintended tax burdens or transfer penalties.

A transfer of real estate from an individual or joint ownership to a preferred form of ownership can avoid the disadvantages of an outright gift while also protecting the residence from a Medicaid lien. 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 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 planning, critical income, estate, and gift tax issues and planning techniques, Medicaid transfer rules, and avoiding penalties. The panel will also discuss the impact of forms of ownership, loans, mortgages, and other vital matters for purposes of real estate transactions in the context of elder law planning.

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Outline

  1. Real estate transactions in the context of elder law planning
  2. Medicaid issues
    1. Impact of property or conveyance
    2. Transfer rules
    3. Penalties
    4. Liens
  3. Income, estate, and gift tax implications
  4. Impact of loans, mortgages, and other related items
  5. Best practices for elder law attorneys

Benefits

The panel will review these and other key issues:

  • What are the implications of real estate transactions to elder law planning?
  • What are the income, estate, and gift tax issues associated with transfers of property?
  • How do the Medicaid transfer rules apply, and what are the steps to minimize or avoid penalties?
  • What is the impact of forms of ownership, loans, and mortgages?
  • What are the planning options available to transfer property without impacting Medicaid eligibility or triggering penalties?

Faculty

Lyons, Samantha
Samantha A. Lyons

Attorney
Enea Scanlan & Sirignano

Ms. Lyons concentrates her practice on Elder Law with a focus on Medicaid home care and nursing home.

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Meyers, Sara
Sara E. Meyers

Member
Enea Scanlan & Sirignano

Ms. Meyers concentrates her practice on Elder Law, Trusts & Estates, Special Needs Planning, Guardianships, and...  |  Read More

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