Trusts and Medicaid Planning

Agenda / Content Covered

1. Does Your Client Need a Trust?
   10:00 - 11:00, Debby Rosenfeld
   1. Medicaid and SSI Qualifications
   2. The Client's Estate
   3. Individual Planning Considerations
   4. Providing for the Beneficiary's Spouse and Children
2. Use of Irrevocable Medicaid Asset Protection Trusts: Benefits, Drawbacks, Trust Drafting Examples
   11:00 - 11:45, Debby Rosenfeld
3. Drafting Special Needs Trusts (With Sample Provisions)
   12:00 - 1:00, William R. Hayes
   1. Third Party
   2. Self-Settled
   3. Pooled Income Self-Settled
   4. Spenddown and Lookback Planning
   5. Guarding Against the Payback Provision
   6. Planning to Avoid Running Afoul of Other Benefits Criteria
4. Post-Drafting Planning
   1:40 - 2:40, David J. DePinto
   1. Subsequent Transfers to a Trust: Timing, Tax Consequences, Benefits Eligibility, and More
   2. Preventing the Trust From Jeopardizing Other Benefits
   3. Funding the Trust: Strategic Asset Choice Considerations
   4. Last-Minute Planning Techniques When Nursing Home is Imminent
   5. Purchase of Commercial Annuity to Deplete Assets
   6. Tax Traps to Watch Out For
5. Mitigating Negative Tax Effects of Trust-Based Medicaid Planning
   2:40 - 3:25, David J. DePinto
   1. Liquidation of Retirement Accounts for Spenddown or Gifting
   2. Timing of Liquidation to Take Advantage of the Medical Expense Deduction
   3. The Problem of Appreciated Personal Residence
   4. Other Ways to Reduce Capital Gains and Income Tax
   5. When Should You File Gift Tax Return Form 709?
6. Common Trust Administration Issues
   3:30 - 4:00, David J. DePinto
7. Legal Ethics in Medicaid Planning
   4:00 - 5:00, Benjamin S. Johns
   1. Who is Your Client?
   2. Representation of Spouses
   3. Guarding Client Confidentiality
   4. Verifying Client Mental Capacity 
   5. Elder Abuse Reporting Obligations
   6. Attorneys Who Serve as Trustees

Accreditation Details:

David J. DePinto is managing partner at DePinto Law, LLP, where he practices in the areas of trusts, estate planning, asset protection, charitable entities, business and succession planning for closely held businesses, estate and gift taxation, income taxation, elder law, guardianship, probate and administration of trusts and estates, and estate litigation; and also provides representation to guardians, trustees, and other fiduciaries. Mr. DePinto is an NYS certified public accountant and a certified elder lawyer certified by the National Elder Law Foundation as accredited by the American Bar Association. He is the recipient of the Edith Blum Foundation Award for Excellence in taxation and the Professor's Award for Academic Achievement in taxation. Mr. DePinto earned his LL.M. Master of Laws degree from NYU Law School; his J.D. degree from Brooklyn Law School; his M.S. degree in taxation with academic honors, from Long Island University CW Post; and his B.B.A. degree from Hofstra University.

William R. Hayes is a partner in the law firm of Hayes & Wilson, PLLC. He is a frequent speaker on estate planning, wills and trusts, probate, charitable gifting, disability planning, elder law, and Medicaid. Mr. Hayes has served the Houston Bar Association as co-chair of the Elder Law Committee and chair of the Fee Dispute Committee, for which he was honored with the HBA Presidents Award. He is board certified in estate planning and probate by the Texas Board of Legal Specialization. He is a member of the State Bar of Texas, the Houston and American bar associations; the National Academy of Elder Law Attorneys; the Houston Estate and Financial Forum; the Houston Business and Estate Planning Council; Attorneys in Tax and Probate; the Disability and Elder Law Attorneys Association; and the Houston Gerontological Society. Mr. Hayes earned his B.B.A. and J.D. degrees from the Southern Methodist University.

Benjamin S. Johns is an attorney with Jones, Gregg, Creehan & Gerace, LLP in downtown Pittsburgh. Mr. Johns focuses his practice squarely on the "four pillars" of the Orphans’ Court: estate planning, estate administration, estate litigation, and guardianship. He is active in the Pennsylvania Bar Association’s Real Property, Probate and Trust Section and many elder law and estate planning groups. Mr. Johns earned his Bachelor of Arts from the Honors College at the University of Pittsburgh in 2005 and his Juris Doctorate from Duquesne University School of Law in 2009.

Debby Rosenfeld is an attorney with Ronald Fatoullah & Associates, where she practices in the areas of elder law, estate planning, and real estate. Ms. Rosenfeld is admitted to practice in New York. She lectures as well as writes articles on various elder law issues for both attorneys and laypeople. Ms. Rosenfeld earned her B.A. degree from Barnard College of Columbia University and her J.D. degree from New York University School of Law. She is a member of the New York State and Nassau County bar associations.