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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
- Family Real Estate Transfers: Goals, Risks, and Attorney Pitfalls
- The Hidden Tax Traps in Family Property Transfers
- Mortgage, Title, and Creditor Surprises That Blow Up Family Transfers
- Medicaid Landmines in Family Real Estate Transfers
- Family Dispute Hotspots
- Deeds, Trusts, LLCs, and Life Estates: Choosing the Right Tool for the Job
- How to Draft Your Way Out of Family Transfer Disasters
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
4 Total |
| Alaska CLE |
|
4 Total |
| Alabama CLE |
|
4 Total |
| Arkansas CLE |
|
4 Total |
| Arizona CLE |
|
4 Total |
| California CLE |
|
4 Total |
| Colorado CLE |
|
5 Total |
| Connecticut CLE |
|
4 Total |
| Delaware CLE |
|
4 Total |
| Florida CLE |
|
5 Total |
| Georgia CLE |
|
4 Total |
| Hawaii CLE |
|
4 Total |
| Iowa CLE |
|
4 Total |
| Idaho CLE |
|
4 Total |
| Illinois CLE |
|
4 Total |
| Indiana CLE |
|
4 Total |
| Kansas CLE |
|
4.5 Total |
| Kentucky CLE |
|
4 Total |
| Louisiana CLE |
|
4 Total |
| Maine CLE |
|
4 Total |
| Minnesota CLE |
|
4 Total |
| Missouri CLE |
|
4.8 Total |
| Northern Mariana Islands CLE |
|
4 Total |
| Montana CLE |
|
4 Total |
| North Carolina CLE |
|
4 Total |
| Nebraska CLE |
|
4 Total |
| New Hampshire CLE |
|
4 Total |
| New Jersey CLE |
|
4.8 Total |
| New Mexico CLE |
|
4 Total |
| Nevada CLE |
|
4 Total |
| New York CLE |
|
4.5 Total |
| Ohio CLE |
|
4 Total |
| Oklahoma CLE |
|
5 Total |
| Pennsylvania CLE |
|
4 Total |
| Rhode Island CLE |
|
4.5 Total |
| South Carolina CLE |
|
4 Total |
| Tennessee CLE |
|
4 Total |
| Texas CLE |
|
4 Total |
| Utah CLE |
|
4 Total |
| Virginia CLE |
|
4 Total |
| Vermont CLE |
|
4 Total |
| Washington CLE |
|
4 Total |
| Wisconsin CLE |
|
4.5 Total |
| West Virginia CLE |
|
4.8 Total |
| Wyoming CLE |
|
4 Total |
| Arizona CPE for Accountants |
|
4.5 Total |
| New York CPE for Accountants |
|
4.5 Total |
| Washington CPE for Accountants |
|
4.5 Total |
| Wisconsin CPE for Accountants |
|
3.6 Total |
| Delaware Certified Paralegal Program |
|
4 Total |
| Florida Registered Paralegal |
|
5 Total |
| Indiana Paralegal CLE |
|
4 Total |
| Montana CLE Credit for Paralegals |
|
4 Total |
| CPE for Accountants/NASBA |
|
4.5 Total |
| North Carolina Continuing Paralegal Education |
|
4 Total |
| New Mexico Paralegal Division, State Bar of |
|
3 Total |
| Ohio Certified Paralegals |
|
3 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
3 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
Family Real Estate Transfers: Goals, Risks, and Attorney Pitfalls
- Common Goals Behind Family Transfers
- Top Family Transfer Disasters and Attorney Malpractice Risks
- When Probate Avoidance Creates Bigger Problems
- Initial Questions Every Attorney Should Ask
- Scope-of-Representation Engagement Letters
-
The Hidden Tax Traps in Family Property Transfers
- Loss of Stepped-Up Basis
- Triggering Capital Gains Taxes After Sale
- Gift Tax Issues and Reporting Failures
- Tax Dangers of Selling Property to Family Below Market Value
- Loss of Homestead or Agricultural Exemptions
- Transfer Tax and Recording Tax Surprises
- Rental Property, Depreciation, and Recapture Pitfalls
-
Mortgage, Title, and Creditor Surprises That Blow Up Family Transfers
- Due-on-Sale Clauses and Unexpected Mortgage Problems
- Title Issues in Family Transfers
- Creditor Exposure Created by Transfers
- Homestead and Exemption Issues
- Fraudulent Transfer Claims
-
Medicaid Landmines in Family Real Estate Transfers
- Medicaid Eligiblity and the Five-Year Lookback Period
- Caregiver Child Exception
- Transfers to Disabled Children and Siblings
- Life Estates and Medicaid Recovery
- Documentation to Support Medicaid Exceptions
-
Family Dispute Hotspots
- Partition Actions Between Family Members
- Capacity Challenges and Undue Influence Allegations
- Elder Abuse and Financial Exploitation Allegations
- “I Was Promised the House”
- Sibling Wars, Caregiver Resentment, and Blended Family Conflicts
-
Deeds, Trusts, LLCs, and Life Estates: Choosing the Right Tool for the Job
- Sole Ownership
- Joint Tenancy With Right of Survivorship
- Tenancy in Common
- Life Estates and Enhanced Life Estate (“Lady Bird”) Deeds
- Transfer-on-Death (TOD) Deeds
- Transfers Through Trusts and LLCs
-
How to Draft Your Way Out of Family Transfer Disasters
- Deed Drafting Best Practices
- Family Sale Agreements and Promissory Notes
- Co-Ownership Agreements
- 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
Speaker bio
Matthew T. 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
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
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
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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