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Navigating Tax Issues in Medicaid Planning: Key Rules and Strategies to Avoid Costly Mistakes

Outright Gifts vs. Gifts to a Trust, Income Taxes, Capital Gains, Real Estate Tax Exemptions, Retirement Savings and Distributions

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 Thursday, December 8, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide elder law attorneys guidance on common tax challenges in Medicaid planning and available techniques to avoid 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, available exemptions, retirement savings and distributions, and other key items.


The use of certain tax 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, certain tax rules must be considered to minimize any 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, retirement savings and distributions, and other key items.

Listen as our panel discusses Medicaid planning strategies and key tax considerations, as well as best practices for elder law attorneys.



  1. Tax rules vs. Medicaid requirements
  2. Trust drafting and Medicaid
  3. Gifting vs. Medicaid transfers
  4. Mitigating tax consequences on retirement accounts and annuities


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?
  • What are the tax implications of transferring annuities for Medicaid?
  • How do you navigate the issues presented by multiple sources of income?
  • What tax challenges must be considered in utilizing and drafting certain trusts?


Krause, Dale
Dale M. Krause, J.D., LL.M.

President and CEO
Krause Financial Services

Mr. Krause, J.D., LL.M. is the President and CEO of Krause Financial Services – a Wisconsin-based firm that...  |  Read More

Negrin-Wiener, Melissa
Melissa Negrin-Wiener

Senior Partner
Cona Elder Law

Ms. Negrin-Wiener manages the Government Benefits Department, concentrating her practice in the areas of asset...  |  Read More

Williamson, Jeffrey
Jeffrey L. Williamson

J. L. Williamson Law Group

Mr. Williamson’s practice specializes in taxation and estate planning. He has particular expertise in estate and...  |  Read More

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