Real Estate

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Real Estate Transfers Between Family: Legal, Tax, and Medicaid Traps

Credits Available
Credit Status Total
California MCLE Paralegal Approved 4 Total
Alaska CLE Reciprocity 4 Total
Alabama CLE Approved 4 Total
Arkansas CLE Approved 4 Total
Arizona CLE Approved 4 Total
California CLE Approved 4 Total
Colorado CLE Approved 5 Total
Connecticut CLE Approved 4 Total
Delaware CLE Approved 4 Total
Florida CLE Approved 5 Total
Georgia CLE Approved 4 Total
Hawaii CLE Approved 4 Total
Iowa CLE Approved 4 Total
Idaho CLE Pending 4 Total
Illinois CLE Approved 4 Total
Indiana CLE Approved 4 Total
Kansas CLE Upon Request 4.5 Total
Kentucky CLE Upon Request 4 Total
Louisiana CLE Approved 4 Total
Maine CLE Approved 4 Total
Minnesota CLE Approved 4 Total
Missouri CLE Approved 4.8 Total
Northern Mariana Islands CLE Approved 4 Total
Montana CLE Pending 4 Total
North Carolina CLE Approved 4 Total
Nebraska CLE Approved 4 Total
New Hampshire CLE Approved 4 Total
New Jersey CLE Approved 4.8 Total
New Mexico CLE Approved 4 Total
Nevada CLE Approved 4 Total
New York CLE Approved 4.5 Total
Ohio CLE Approved 4 Total
Oklahoma CLE Approved 5 Total
Pennsylvania CLE Approved 4 Total
Rhode Island CLE Upon Request 4.5 Total
South Carolina CLE Approved 4 Total
Tennessee CLE Approved 4 Total
Texas CLE Approved 4 Total
Utah CLE Approved 4 Total
Virginia CLE Approved 4 Total
Vermont CLE Approved 4 Total
Washington CLE Approved 4 Total
Wisconsin CLE Approved 4.5 Total
West Virginia CLE Approved 4.8 Total
Wyoming CLE Approved 4 Total
Arizona CPE for Accountants Approved 4.5 Total
New York CPE for Accountants Approved 4.5 Total
Washington CPE for Accountants Approved 4.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
Delaware Certified Paralegal Program Approved 4 Total
Florida Registered Paralegal Approved 5 Total
Indiana Paralegal CLE Approved 4 Total
Montana CLE Credit for Paralegals Approved 4 Total
CPE for Accountants/NASBA Approved 4.5 Total
North Carolina Continuing Paralegal Education Approved 4 Total
New Mexico Paralegal Division, State Bar of Approved 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 3 Total
Live Online
4 hours
Matthew Sanford
Gregory Varner
Dawn Hallman
Joel Callins
With Matthew T. Sanford from The Law Office of Matthew T. Stanford + 3 others

Wed, Oct 14, 00:00 AM – 00:00 PM

Product ID 102609

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Course Includes
$389

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Overview

What Can Go Wrong and How to Get it Right

Family real estate transfers are often driven by good intentions: avoiding probate, reducing expenses, helping children financially, preserving family property, or planning for long-term care. Yet these transactions frequently create unintended and disastrous consequences, including capital gains exposure, Medicaid disqualification periods, creditor issues, and family disputes - among other issues. This course examines the many pitfalls associated with intra-family real estate transfers so you can better advise clients on the risks, planning opportunities, and strategies to avoid costly mistakes. Register today!

  • Spot the tax traps that turn well-intentioned family transfers into costly mistakes.
  • Learn how creditor exposure and other pitfalls can unravel a family transfer even after the deed is recorded.
  • Recognize and deal with family dispute flashpoints before they turn into litigation.
  • Find out which transfer structure - deed, trust, LLC, or life estate - fits your client's goals, and which ones create more problems.
  • Walk away with practical drafting guidance for deeds, co-ownership agreements, family sale agreements, and occupancy arrangements.

Abbreviated Agenda

  1. Family Real Estate Transfers: Goals, Risks, and Attorney Pitfalls
  2. The Hidden Tax Traps in Family Property Transfers
  3. Mortgage, Title, and Creditor Surprises That Blow Up Family Transfers
  4. Medicaid Landmines in Family Real Estate Transfers
  5. Family Dispute Hotspots
  6. Deeds, Trusts, LLCs, and Life Estates: Choosing the Right Tool for the Job
  7. How to Draft Your Way Out of Family Transfer Disasters

Can't Attend Live?

Get the OnDemand instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102609

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 4 Total
Alaska CLE Reciprocity 4 Total
Alabama CLE Approved 4 Total
Arkansas CLE Approved 4 Total
Arizona CLE Approved 4 Total
California CLE Approved 4 Total
Colorado CLE Approved 5 Total
Connecticut CLE Approved 4 Total
Delaware CLE Approved 4 Total
Florida CLE Approved 5 Total
Georgia CLE Approved 4 Total
Hawaii CLE Approved 4 Total
Iowa CLE Approved 4 Total
Idaho CLE Pending 4 Total
Illinois CLE Approved 4 Total
Indiana CLE Approved 4 Total
Kansas CLE Upon Request 4.5 Total
Kentucky CLE Upon Request 4 Total
Louisiana CLE Approved 4 Total
Maine CLE Approved 4 Total
Minnesota CLE Approved 4 Total
Missouri CLE Approved 4.8 Total
Northern Mariana Islands CLE Approved 4 Total
Montana CLE Pending 4 Total
North Carolina CLE Approved 4 Total
Nebraska CLE Approved 4 Total
New Hampshire CLE Approved 4 Total
New Jersey CLE Approved 4.8 Total
New Mexico CLE Approved 4 Total
Nevada CLE Approved 4 Total
New York CLE Approved 4.5 Total
Ohio CLE Approved 4 Total
Oklahoma CLE Approved 5 Total
Pennsylvania CLE Approved 4 Total
Rhode Island CLE Upon Request 4.5 Total
South Carolina CLE Approved 4 Total
Tennessee CLE Approved 4 Total
Texas CLE Approved 4 Total
Utah CLE Approved 4 Total
Virginia CLE Approved 4 Total
Vermont CLE Approved 4 Total
Washington CLE Approved 4 Total
Wisconsin CLE Approved 4.5 Total
West Virginia CLE Approved 4.8 Total
Wyoming CLE Approved 4 Total
Arizona CPE for Accountants Approved 4.5 Total
New York CPE for Accountants Approved 4.5 Total
Washington CPE for Accountants Approved 4.5 Total
Wisconsin CPE for Accountants Approved 3.6 Total
Delaware Certified Paralegal Program Approved 4 Total
Florida Registered Paralegal Approved 5 Total
Indiana Paralegal CLE Approved 4 Total
Montana CLE Credit for Paralegals Approved 4 Total
CPE for Accountants/NASBA Approved 4.5 Total
North Carolina Continuing Paralegal Education Approved 4 Total
New Mexico Paralegal Division, State Bar of Approved 3 Total
Ohio Certified Paralegals Approved 3 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 3 Total
Select Jurisdiction
CLE
Paralegal
Other

Agenda

All times are shown in
  1. Family Real Estate Transfers: Goals, Risks, and Attorney Pitfalls

    1. Common Goals Behind Family Transfers
    2. Top Family Transfer Disasters and Attorney Malpractice Risks
    3. When Probate Avoidance Creates Bigger Problems
    4. Initial Questions Every Attorney Should Ask
    5. Scope-of-Representation Engagement Letters
  2. The Hidden Tax Traps in Family Property Transfers

    1. Loss of Stepped-Up Basis
    2. Triggering Capital Gains Taxes After Sale
    3. Gift Tax Issues and Reporting Failures
    4. Tax Dangers of Selling Property to Family Below Market Value
    5. Loss of Homestead or Agricultural Exemptions
    6. Transfer Tax and Recording Tax Surprises
    7. Rental Property, Depreciation, and Recapture Pitfalls
  3. Mortgage, Title, and Creditor Surprises That Blow Up Family Transfers

    1. Due-on-Sale Clauses and Unexpected Mortgage Problems
    2. Title Issues in Family Transfers
    3. Creditor Exposure Created by Transfers
    4. Homestead and Exemption Issues
    5. Fraudulent Transfer Claims
  4. Medicaid Landmines in Family Real Estate Transfers

    1. Medicaid Eligiblity and the Five-Year Lookback Period
    2. Caregiver Child Exception
    3. Transfers to Disabled Children and Siblings
    4. Life Estates and Medicaid Recovery
    5. Documentation to Support Medicaid Exceptions
  5. Family Dispute Hotspots

    1. Partition Actions Between Family Members
    2. Capacity Challenges and Undue Influence Allegations
    3. Elder Abuse and Financial Exploitation Allegations
    4. “I Was Promised the House”
    5. Sibling Wars, Caregiver Resentment, and Blended Family Conflicts
  6. Deeds, Trusts, LLCs, and Life Estates: Choosing the Right Tool for the Job

    1. Sole Ownership
    2. Joint Tenancy With Right of Survivorship
    3. Tenancy in Common
    4. Life Estates and Enhanced Life Estate (“Lady Bird”) Deeds
    5. Transfer-on-Death (TOD) Deeds
    6. Transfers Through Trusts and LLCs
  7. How to Draft Your Way Out of Family Transfer Disasters

    1. Deed Drafting Best Practices
    2. Family Sale Agreements and Promissory Notes
    3. Co-Ownership Agreements
    4. Occupancy and Care Agreements

Who Should Attend

This program is designed for attorneys. Estate planning, elder law, real estate, and family law practitioners will find the content especially relevant. Accountants, paralegals, and legal assistants may also benefit.

Speakers

Matthew T Sanford
Matthew T.
Sanford
The Law Office of Matthew T. Stanford
Gregory M Varner
Gregory M.
Varner
Gregory M. Varner & Associates
Dawn D Hallman
Dawn D.
Hallman
Hallman & Associates, P.C.
Joel J Callins
Joel J.
Callins
Lazega & Johanson LLC
Speaker bio
Matthew T Sanford

Matthew T. Sanford

The Law Office of Matthew T. Stanford
Matthew Sanford

is an attorney at the Law Office of Matthew T. Stanford. He focuses his practice on business law, real estate transactions, and estate planning. Mr. Sanford earned his B.S. degree in business administration, concentrating in finance, real estate, and law, from California State University, Pomona, and his J.D. degree from Loyola Marymount University. He is a member of the California State Bar and a licensed California real estate broker. Mr. Sanford is also a member of the California Lawyers Association and the San Bernardino County Bar Association. He is admitted to practice law in California.

Speaker bio
Gregory M Varner

Gregory M. Varner

Gregory M. Varner & Associates
Gregory Varner

is a senior attorney at Gregory M. Varner & Associates. He focuses his practice on criminal defense, domestic relations, estate planning, elder law, probate, government, and real estate law. Mr. Varner earned his bachelor's degree from Georgia Institute of Technology and his J.D. degree from Regent University School of Law. He is admitted to practice law in Alabama and the United States District Court for the Middle and Northern districts of Alabama. Mr. Varner is former president of the Alabama Criminal Defense Lawyers Association. He served as a Bar Commissioner on the Alabama State Bar Board of Bar Commissioners, the governing body in Alabama for lawyers, for nine years.

Speaker bio
Dawn D Hallman

Dawn D. Hallman

Hallman & Associates, P.C.
Dawn Hallman

is the principal attorney and founder of Hallman & Associates, P.C. located in Norman, Oklahoma. She is a nationally recognized estate planning attorney with a background in tax. Ms. Hallman has extensive experience helping clients with all facets of business, tax, and estate planning. She has advised thousands of clients regarding their estate plans. Ms. Hallman creatively and effectively addresses the estate and tax planning needs of high-net-worth families. She holds both an accounting and law degree, and prior to opening Hallman & Associates she maintained a tax practice for several years. Ms. Hallman's tax and business law background make her uniquely qualified to advise clients on complex estate, tax and business planning matters. She frequently lectures on estate planning matters in continuing education programs for attorneys, accountants and wealth managers. Ms. Hallman is a member of the Oklahoma Bar Association (past chair, Estate Planning, Probate and Trust Section), and serves as the Board of Directors vice chairman for both Washita State Bank and Frontier State Bank. She earned her B.B.A. degree in accounting from the University of Oklahoma and her J.D. degree from the University of Oklahoma College of Law.

Speaker bio
Joel J Callins

Joel J. Callins

Lazega & Johanson LLC
Joel Callins

is of counsel at Lazega & Johanson LLC, specializing in civil litigation, real estate, creditor rights and government law. With over 21 years experience in the field, he provides strategic guidance to clients on general liability, civil claims and homeowner disputes. Prior to joining the firm, Mr. Callins served as a supervising senior attorney in the Litigation Division for the City of Atlanta. He also served as an assistant county attorney, magistrate and Assoc. Civil Court Judge for Macon-Bibb County. Prior to his public sector work, Mr. Callins successfully ran his own law practice for 12 years. He earned his B.A. degree from Birmingham-Southern College and J.D. degree from Samford University Cumberland School of Law.

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