Medicaid Asset Transfer Rules and Techniques

Agenda / Content Covered

1. Medicaid: Resource and Transfer Eligibility
   10:00 — 10:45, Debby Rosenfeld
   1. Exempt vs. Countable Assets
   2. The Lookback Periods
      1. Transfer Penalty
      2. Penalty Beginning Date
      3. Partial Months of Ineligibility
   3. Estate Recovery Rules
   4. Medicaid Planning for Single vs. Married Applicants
2. Strategic Use of Medicaid Trusts
   10:45 — 11:30, Debby Rosenfeld
   1. Choosing the Assets for Funding the Trust
   2. Why and How to Use IOTs (Income-Only Trusts)
   3. Sample Medicaid Trust Document Review
   4. Tax Implications of Using Medicaid Trusts
3. Maximizing Pre-Need Asset Planning Techniques
   11:45 — 12:30, Matthew Leonard
   1. Transferring Real Property Without Harming Medicaid Eligibility
   2. Exempt Asset Purchases
   3. Asset Valuation - Fair Market Value Under DRA and Dealing with Value Increases Overtime
   4. Do Life Estates Help or Harm Medicaid Planning?
   5. Life Insurance Purchases and ILITs
   6. Qualified Expenses: Funeral Pre-Planning, Pre-Payment of Bills, Etc.
   7. Interstate Transfers
   8. Protecting Other Needs-Based Benefits
   9. Gifts
4. What to do When the Need for Medicaid is Immediate
   12:30 — 1:15, Matthew Leonard
   1. Asset Purchase Techniques Still Available
   2. Asset Transfers and Payment of Expenses
   3. Family Caregiver Agreements

Accreditation Details:

Matthew J Leonard is counsel at Salter McGowan Sylvia & Leonard, Inc., where he has devoted his practice to handling the legal needs of individuals and their business interests through all stages of life, from basic to sophisticated estate planning, elder law, Medicaid planning, probate, trust and estate administration, real estate, business transactions, business creation and related litigation. Mr. Leonard appears in probate and superior courts representing executors, administrators, guardians, trustees and beneficiaries. He appears before the Rhode Island Department of Human Services in support of client Medicaid applications. He is a frequent author and lecturer on various topics such as Advanced Estate Planning, Medicaid Planning, Buying or Selling a Business and The Probate Process. Mr. Leonard earned his B.S. degree from Providence College and his J.D. degree from Roger Williams University School of Law. He is admitted to practice in Rhode Island, Massachusetts and Florida, as well as the federal courts of Rhode Island, Massachusetts and Connecticut. He is a member of the Rhode Island and Massachusetts bar associations and The Florida Bar.

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.