| Elder Law Institute VII
Practice Challenges: Asset Protection, Medicaid Planning & Tax Analysis
Sponsored with the Massachusetts Chapter of the National Elder Law Academy of Elder Law Attorneys
Please Note: This course has already
been held.
Date: Friday, March 23, 2001
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Is there a future for Medicaid Asset Protection Planning? Are you ready for the challenges and threats to your Elder Law Practice? Do the tried and true techniques still work in light of increasing demands and pressures?
Elder Law Institute VII will look at asset protection techniques in public benefit planning, creditor protection and fraudulent transfer issues, trusts and developing case law, and the tax treatment and consequences of various planning strategies.
Client preference for in-home care or assisted living arrangements will require the elder law attorney to understand community-based options more than ever before. You will learn about the consequences of transfers under rules and regulations for governing both community and long term Medicaid as well as SSI eligibility.
In addition, the potential for malpractice has also become an increasing problem in elder law because of the tax consequences of various transfers and planning strategies. Are you prepared?
Elder Law Institute VII is designed to raise the issues and provide the answers in certain planning situations with transfer penalty and tax consequences.
| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introduction |
Mary Kathleen Nealon, Esq., Nealon & Nealon, Hopkinton
Alex L. Moschella, Esq., Moschella & Winston, LLP, Somerville
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| 9:15 |
Application of Medicaid Asset Protection Techniques |
| The conventional techniques and examples of how and when they should be used and when they should be ignored. Discussion and illustration of Medicaid asset protection techniques including outright transfers, retained life estate and/or the retained right to the use and occupancy of a principal or second residence and income only trusts. You will also learn about particular techniques for protecting against Medicaid liens and obtaining eligibility for community-based benefits.
Alex L. Moschella, Esq., Moschella & Winston, LLP, Somerville
Leslie Sleeper Madge, Esq., Littleton
Judith R. Mendel, Esq., Newton
Emily S. Starr, Esq., Ciota, Starr & Vander Linden, Worcester & Fitchburg
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| 11:00 |
Creditor Protection and Fraudulent Conveyance Issues |
| Elderly homesteads and tenancies by the entirety; How a life estate deed with an elderly homestead compares to an outright transfer, or a transfer to a trust of the principal residence; How to protect assets from divorce proceedings after Massa; The potential fraudulent transfer issues; The use of LLCs, FLPs and closely-held corporations in estate planning and elder law and whether or not you should use the model acts in Massachusetts or another jurisdiction.
William J. Brisk, Esq., Moderator, Newton
Robert A. Gorfinkle, Esq., Braintree
Holly K. Harris, Esq., Stanton & Davis, Marshfield
Neal A. Winston, Esq., Moschella & Winston, LLP, Somerville
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| 12:15 |
The Challenges to Development & Management of an Elder Law Practice |
- Define your future competition and how your firm will address increased competition.
- What proportion of your practice consists of Medicaid planning/application process/fair hearings, etc? Will this proportion change in the next five years? If so, why?
- What are the immediate challenges you are dealing with in your practice? How are you dealing with these challenges?
- What will be the new challenges in three to five years?
Joyce M. Collins, Esq., Ramsey & Associates, Hyannis
Jay A. Gabriel, Esq., Bacon & Wilson, PC, Springfield
Ian S. Oppenheim, Esq., Oppenheim & Maire, LLP, Halifax
Neal A. Winston, Esq., Moschella & Winston, LLP, Somerville
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| 1:45 |
Overview of More Sophisticated Creditor Protection Techniques & Case Law Attack on Strategies |
Sophisticated creditor protection techniques such as Alaskan Trusts and offshore trusts and whether or not they are appropriate in Medicaid Planning.
Alexander A. Bove, Jr., Esq., Boston
Current Massachusetts case law and multi-jurisdictional case law attacking selected Medicaid asset protection techniques including commercial and private annuities and the potential threat to the practice of elder law.
David J. Correira, Esq. Providence & Swansea
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| 3:15 |
Examples of Differing Treatment of Gifts and other Transfers by the IRS and Governmental Benefit |
| Programs, including SSI Panelists will address the gift, income, estate, GST, capital gains tax and transfer consequences presented by several short factual examples.
Brian E. Barreira, Esq., Plymouth
Hyman G. Darling, Esq., Bacon & Wilson, PC, Springfield
Martha T. Ramsey, Esq., Ramsey & Associates, Hyannis
Emily S. Starr, Esq., Ciota, Starr & Vander Linden, Worcester & Fitchburg
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| Date: |
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Friday, March 23, 2001 |
| Tuition: |
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$199; $161 for attorneys admitted since 1998 and members of NEALA. Tuition includes course book, continental breakfast and luncheon $75 for course book only.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your course materials or call to confirm availability.
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| Refunds: |
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Any cancellations received 24 hours prior to the program will be granted a refund, minus a $15.00 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & NY.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
|
|
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