Agenda / Content Covered

All times are shown in Eastern time

1. Does Your Client Need a Trust? Eligibility Criteria and First Steps
   10:00 - 10:30, Stacey J. Meshnick
   1. Medicaid and SSI Qualifications
   2. The Client's Estate
   3. Individual Planning Considerations
   4. Providing for the Beneficiary's Spouse and Children
2. Pros and Cons of Transferring Assets to Irrevocable Medicaid Asset Protection Trusts
   10:30 - 11:00, Stacey J. Meshnick
3. Transferring Income to an Irrevocable QIT (Qualified Income Trust) or Miller Trust
   11:15 - 11:45, Debby Rosenfeld
4. Special Needs Trusts (with Sample Provisions)
   11:45 - 12:45, Debby Rosenfeld
   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
   7. The Use of Trust Protectors
5. Drafting Examples for Specific Client Scenarios
   1:15 - 1:45, Melissa Abu-Adas
6. Post-Drafting Planning
   1:45 - 2:30, Melissa Abu-Adas
   1. Subsequent Transfers to a Trust: Timing, Tax Consequences, Benefits Eligibility, and More
   2. E-Signatures and Electronic Notarization Update
   3. Cryptoassets in Medicaid Planning
   4. Preventing the Trust from Jeopardizing Other Benefits
   5. Funding the Trust: Strategic Asset Choice Considerations
   6. Last Minute Planning Techniques When Nursing Home is Imminent
   7. Purchase of Commercial Annuity to Deplete Assets
   8. Tax Traps to Watch Out For
7. Trust Administration, Tax Reporting, Distributions
   2:45 - 3:15, Stephen B. Keogh
8. Mitigating Negative Tax Effects of Trust-Based Medicaid Planning
   3:15 - 4:00, Stephen B. Keogh
   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?
9. Legal Ethics Considerations
   4:00 - 5:00, Patty Allison Fairweather
   1. Who Is Your Client?
   2. Third Parties in Client Meetings
   3. Joint Representation of Spouses
   4. Client Capacity and Legal Proxies
   5. Attorney Fees, Engagement Agreements, Client Trust Accounts
   6. Guarding Client Confidentiality
   7. Competence Traps

Accreditation Details:

MELISSA ABU-ADAS is the Managing Member of the Law Office of Melissa H. Abu-Adas, LLC in Tinton Falls, New Jersey. Ms. Abu-Adas' practice focuses on estate planning, elder law, wills, trusts, long-term care planning, Medicaid applications, guardianships, special needs trusts, and estate administration. She is licensed in both New Jersey and Pennsylvania. Ms. Abu-Adas graduated from Rutgers School of Law - Newark where she was a member of the Federal Tax Law Clinic. She served as a law clerk for the Honorable Victor Ashrafi in the New Jersey Superior Court, Appellate Division. Ms. Abu-Adas is a member of the Board of Directors of the New Jersey Chapter of the National Academy of Elder Law Attorneys where she also previously served as President and Legislative Committee Chair. She is also a member of New Jersey Bar Association - Elder Law & Disability Section.

PATTY ALLISON FAIRWEATHER is an attorney and mediator in private practice where her areas of practice are estate planning, family law and real estate, which includes mediating disputes in each practice area. Ms. Fairweather is also a frequent lecturer on estate planning and Medicaid planning. She earned her B.A. degree from Rhode Island College, her J.D. degree from Boston College Law School, and her M.A. degree from the Naval Postgraduate School, Monterey, California. Ms. Fairweather is admitted to practice law in Rhode Island, Connecticut and in the District of Columbia.

STEPHEN B. KEOGH is a partner in the Norwalk law firm of Keogh, Burkhart & Vetter, practicing primarily in elder law and probate law. A magna cum laude graduate of Yale College, Mr. Keogh earned his J.D. degree from Columbia University. He is a member of the Fairfield County, Connecticut and American bar associations, and the National Academy of Elder Law Attorneys. Mr. Keogh is a member of the Board of Directors of the Connecticut Chapter of the National Academy of Elder Law Attorneys, a member of the Executive Committee of the Elder Law Section of the Connecticut Bar Association, and a past co-chair of the Elder Law Section of the Fairfield County Bar Association. He is also a member of the Community Bioethics Forum, which is sponsored by the Program for Biomedical Ethics at the Yale School of Medicine and was the first recipient of the Glenn E. Knierim Pro Bono Award, given by the Connecticut Probate Assembly, in April 2012.

STACEY J. MESHNICK is an attorney with Ronald Fatoullah & Associates where she leads the Medicaid department. As supervisor of the Medicaid department at the firm, she oversees the paralegals and assists clients with various aspects of long-term care planning, estate planning, preparation of wills & trusts, advance directives and guardianships. Ms. Meshnick earned her B.A. degree from New York University, Washington Square and University College of Arts and Science and her J.D. degree from City University of New York School of Law at Queens College. Ms. Meshnick has published numerous articles in the New York State Bar Association, Elder Law Attorney Magazine and contributed to articles published by the American Institute of Certified Public Accountants.

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.