Elder Law

MA Specific

Medicaid Lookback Rules and Planning

Credits Available

There is no credit available on this course.

OnDemand
5 hours 46 minutes
Thomas McKinnon
Todd Lutsky
Faith Delaney
Lauren DeMatteo
With Thomas J. McKinnon from Cushing & Dolan, P.C. + 3 others
Recorded June 05, 2024
Product ID 98417

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Overview

Make Certain Your Clients' Long Term Care Needs Are Met

The requirements for Medicaid eligibility are strict, and protective planning is tricky. How does your understanding of Medicaid planning stack up? Join us at this focused seminar to get the answers you need about this complex area of practice. Register today!

  • Determine which assets are countable and how they can be converted.
  • Establish exactly what limitations are placed on asset transfers.
  • Protect your clients' interests by knowing what's exempt and what's not.
  • Deepen your knowledge of transfer penalty provisions.
  • Learn to effectively use trusts to plan for Medicaid without interfering with the overall estate plan.

Abbreviated Agenda

  1. The Lookback Period and Qualifying Asset Transfers Rule
  2. Asset Conversion From Non-Exempt to Exempt
  3. Irrevocable Trusts in Medicaid Planning
  4. Legal Ethics
  5. Penalty Period for Improper Transfers
Product ID 98417

Credit Details

Credits Available

There is no credit available on this course.

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Agenda

All times are shown in
  1. The Lookback Period and Qualifying Asset Transfers Rule

    1. The Lookback Rule
    2. Gifts
    3. Intrafamily Loans
    4. Marital Deductions and Exceptions
    5. Reverse Half-Loaf with Medicaid-Compliant Annuity - Is it Still a Valid Approach?
    6. Transferring Real Property
  2. Asset Conversion From Non-Exempt to Exempt

    1. Loan Repayment
    2. Exempt Asset Purchases
    3. Other Asset Conversion Techniques
  3. Irrevocable Trusts in Medicaid Planning

  4. Legal Ethics

    1. Attorney Fees and Engagement Agreements
    2. Effective and Ethical Client Communication
    3. Protecting Client Confidentiality
    4. Conflicts of Interest When Representing Couples
  5. Penalty Period for Improper Transfers

    1. Calculating the Penalty Period
    2. Preventing the Penalty Period
    3. Handling Unexpected Income to Protect Eligibility
    4. Partial Months of Ineligibility
    5. Monthly Maintenance Need Allowance (MMMNA) for Community Spouse

Who Should Attend

This intermediate level online seminar addresses key questions involved in elder planning and is designed for:

  • Attorneys
  • Accountants
  • Estate and Financial Planners
  • Life Care Planners
  • Paralegals

Speakers

Thomas J McKinnon
Thomas J.
McKinnon
Cushing & Dolan, P.C.
Todd E Lutsky
Todd E.
Lutsky
Cushing & Dolan, P.C.
Faith E Delaney
Faith E.
Delaney
Faith E. Delaney, Attorney at Law
Lauren E DeMatteo
Lauren E.
DeMatteo
Rubin and Rudman LLP
Speaker bio
Thomas J McKinnon

Thomas J. McKinnon

Cushing & Dolan, P.C.
Thomas McKinnon

is an attorney with Cushing & Dolan, P.C. in the elder law group of the firm's estate planning department. In his capacity, he is responsible for assisting clients in preparing long-term care applications and long-term care asset protection planning using various tools such as pooled trusts and annuities. Mr. McKinnon is also responsible for drafting a variety of estate planning documents, including revocable trusts, Medicaid Irrevocable trusts, irrevocable life insurance trusts, wills, deeds, and incapacity documents. He earned his J.D. degree from New England Law, Boston in 2014, with a concentration in intellectual property. Mr. McKinnon graduated from Stonehill College in 2011 with a B.A. degree in political science. While in law school, he was a member of the Intellectual Property Law Association and concentrated in U.S. intellectual property and entertainment law. Mr. McKinnon is admitted to practice in Massachusetts.

Speaker bio
Todd E Lutsky

Todd E. Lutsky

Cushing & Dolan, P.C.
Todd Lutsky

joined Cushing & Dolan, P.C. in 1995. He handles legal issues of trusts and estate planning in the greater Boston area, including elder law planning, irrevocable Medicaid trusts and the application process for Medicaid eligibility, representing clients at fair hearings, and all aspects of elder law planning. Mr. Lutsky's estate and gift tax planning practice includes, but is not limited to, the use of revocable trusts, joint revocable trusts, personal residence trusts, irrevocable life insurance trusts, spousal lifetime access trusts, New Hampshire domestic asset protection trusts, and all aspects of elder law planning. His business succession planning practice includes use of limited liability companies, family limited partnerships, deferred compensations, buy sell agreements, and sale of assets to defective irrevocable trusts. Mr. Lutsky is a former tax attorney and a member of the National Aging In Place Council, Boston Estate Planning Council and National Academy of Elder Law Attorneys. Admitted to practice in Pennsylvania and Massachusetts, he has almost three decades of experience, is a current lecturer for Boston University School of Law's Graduate Tax Program, and has been published in the Estate Planning Journal. Mr. Lutsky hosts his own radio show, The Legal Exchange with Todd Lutsky, where he uses real cases from around the country and real-life stories to educate the public one story at a time on important legal matters. His show focuses on estate, gift, and income tax planning matters, elder law planning including Medicaid eligibility, and asset protection planning matters. Mr. Lutsky's most recently began appearing on the Financial Exchange Radio Show, in a segment called "Ask Todd," where he takes callers questions on anything estate, gift, or elder law planning related. He earned his J.D. degree from the University of Toledo College of Law and his master's degree in taxation from Boston University School of Law. Mr. Lutsky is regularly asked to speak on his areas of practice and writes extensively on estate and elder law planning topics.

Speaker bio
Faith E Delaney

Faith E. Delaney

Faith E. Delaney, Attorney at Law
Faith Delaney

is a graduate of Northeastern University School of Law. She has been an attorney practicing estate planning and elder law for 26 years. Ms. Delaney is a member of the National Academy of Elder Law Attorneys, serving on the board for both the Massachusetts and New Hampshire chapters; and a member of the Massachusetts and New Hampshire bar associations. She serves as fiduciary for elderly and disabled persons, and trustee of trusts.

Speaker bio
Lauren E DeMatteo

Lauren E. DeMatteo

Rubin and Rudman LLP
Lauren DeMatteo

is an attorney with the law firm of Rubin and Rudman LLP. She practices in the areas of elder law, estate planning, and trust and estate administration. Ms. DeMatteo assists individuals and families with a wide range of objectives. This includes designing and implementing core, as well as tax and gifting focused estate plans, guiding clients through long-term care planning and supplemental needs planning, and representing individuals and families in guardianship and conservatorship proceedings. She earned her B.A. degree from Saint Anselm College and her J.D. degree from New England Law. Ms. DeMatteo is a fellow with the New England Fellows Institute of the American College of Trust and Estates Counsel, and a member of the Boston Bar Association.

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In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

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