| ELDER LAW INSTITUTE XIX: THE A-Z's OF REAL PROPERTY REVISITED
How unparalleled Legal Changes Affect Ownership and Conveyance
Co-Sponsored with the Massachusetts Chapter of NAELA
Please Note: This course has already
been held.
Date: Friday, March 08, 2013
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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ABOUT THE CONFERENCE While there is a finite menu of options we present to clients based on their goals and their specific situations, the convergence of unparalleled changes in the laws over the past few years has created a minefield for elder law, estate planning, and real estate attorneys. We have experienced changes to the Homestead law, implementation of Article V of the Massachusetts Uniform Probate Code (MUPC), the MUPC overhaul of the probate process, and the recent implementation of the Massachusetts Uniform Trust Code (MUTC), not to mention the always critical tax and Medicaid (MassHealth) consequences. It is of particular importance to understand how all of these changes affect the ownership and conveyance of real property. Have you revised your intake questionnaires accordingly? Have you incorporated the important changes into your document templates? Have you considered the potential title issues, future ability to obtain a mortgage or reverse mortgage, ability to insure the property, or the myriad of other problems that can develop after you recommend a planning strategy?
This year’s Institute is a must-attend for attorneys who practice Elder Law, Estate Planning, Real Estate Conveyance, Special Needs Planning, Fiduciary Litigation, those who serve as fiduciaries (trustees, conservators, personal representatives, agents under Powers of Attorney), GALs in relevant areas, and even for Real Estate Brokers/Agents who need a basic understanding about how all of the recent changes in the law affect real estate transactions. Our expert panel includes attorneys from the elder law, estate planning, and real estate bar, title attorneys, mortgage and insurance professionals, experts from the Land Court, and a view from the bench. This seminar will provide you with practical information and resources to implement these changes into your practice, with a special emphasis on real estate transactions and potential title and conveyance problems that go unnoticed by busy elder law and estate planning practitioners.
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Judith M Flynn, Esq., Chair
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Elder Law Office of Judith M. Flynn
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Lisa J. Delaney, Esq.
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Carvin & Delaney, LLP |
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Robert A. Gorfinkle, Esq.
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Robert A. Gorfinkle Law Offices |
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Gene Gurvitz, Esq., Vice President-Special Counsel
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First American Title Insurance Company |
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Stephen J. Hanna
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Stephen J. Hanna Consultation & Conciliation Services |
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Timothy R. Loff
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Law Offices of Timothy R. Loff |
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Honorable Anthony R. Nesi
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Probate and Family Court, Bristol Division |
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Kathleen M. O'Connor, Esq.
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Eckel, Morgan & O’Connor Law Offices |
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Susan Ogrodnik-Smith, CIC
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HUB International New England, LLC |
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Steve Pepe, Esq., Reverse Mortgage Advisor
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Genworth Financial, Home Equity Access, Inc. |
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Robert H. Ryan, Esq., LL.M.
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Estate Planning & Protection Law, P.C. |
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Edmund Williams, Chief Title Examiner
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Massachusetts Land Court |
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Gary Zalkin, Esq., LICSW
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Law Office of Gary Zalkin |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
Judith M. Flynn, Chair
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| 9:15 |
KEY DRAFTING CONSIDERATIONS AS THEY RELATE TO REAL PROPERTY |
- Durable Powers of Attorney
- Simple Wills, Wills with Testamentary Trusts
- Revocable Living Trusts
- Nominee Trusts
- Irrevocable Income Only Trusts
- Homesteads
- Deeds - Remainder, Retaining Life Estate, Joint Tenancy with Rights of Survivorship, Tenants in Common
- Tenants by Entirety
- Deeds - Reserving and Exercising Special Power of Appointment
Commentator: Gene Gurvits
Panelists: Lisa J. Delaney, Timothy R. Loff, & Robert H. Ryan
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| 10:45 |
TAX CONSEQUENCES OF VARIOUS CONVEYANCES |
- Allocation of Real Property between Marital and Credit Shelter Trusts
- Tax Discussion Concerning Stepped-up Basis, Capital Gains, Section 121 Eligibility, Estate and Gift Taxes and Filing Obligations
- Primary Residence, Vacation Property and Rental Property. The “Hidden Tax”
- Out of State Real Estate – Estate Tax Consequences
- Tax Consequences of Typical Medicaid-Planning Conveyances – Caretaker Child/Disabled Child, Sibling Owner, Purchasing an Interest in a Child’s Home, Purchasing an Interest in Parent’s Home
- Use and Occupancy Agreements
- Disclaiming Jointly Owned Property
Panelists: Robert Gorfinkle & Kathleen M. O’Connor
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| 12:15 |
LUNCH (On Your Own) |
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| 1:15 |
FIDUCIARY CONVEYANCES AND ISSUES-AGENTS, CONSERVATORS, PERSONAL REPRESENTATIVES, TRUSTEES |
- DPOA Requirements
- Article V issues
- Estate Issues: Power of Sale, Informal v. Formal, Deeds of Distribution, License to Sell, etc.
- Conveyance to and from Irrevocable, Revocable and Nominee/Hybrid Realty Trusts
- Trustee Certificates
Panelists: Lisa Delaney, Gene Gurvits, Timothy Loff & Gary Zalkin
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| 2:30 |
TITLE ISSUES AND ANCILLARY CONSIDERATIONS |
- Duty for Clearing or Examining Title
- Issues regarding Registered Land
- Title 5 Issues
- Casualty Insurance Issues
- Issues in Refinancing or Obtaining Mortgage/Home Equity Loa
- Issues with Reverse Mortgages
- Petitions to Partition
- Estate Recovery, Lifetime Liens and LTCI “Lien Buster”
Panelists: Lisa J. Delaney, Steve Pepe, Robert H. Ryan, Susan Ogrodnik-Smith, CIC and
Edmund A. Williams
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| 3:45 |
HOT TOPICS AND PRACTICAL ADVICE FROM THE PROBATE COURT AND THE LAND COURT |
Moderator: Robert H. Ryan
Panelists: Honorable Anthony R. Nesi, Stephen J. Hanna and Edmund A. Williams
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| Date: |
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Friday, March 08, 2013 |
| Tuition: |
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$200; $170 for Suffolk Alumni, attorneys admitted after 2011 and members of NAELA. The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. Please call 617.573.8627 to order.
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| Walk-Ins: |
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Please call 617.573.8627 to confirm space availability.
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| Refunds: |
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There is a $15.00 cancellation fee for those who cancel by Thursday, February 7, 2013. There will no refunds given after this date.
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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 NH; approval pending for ME and Rhode Island. Rhode Island Attorneys
Attorney attendance received by Advanced Legal studies after thirty (30) days from the date of the course will be subject to a late fee of $30.00. This fee can only be paid by MC, VS, AMEX or DS at time of request. Please contact Peniey McClary at 617.305.1655 or pmcclary@suffolk.edu.
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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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Evaluate this course.
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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