Navigating Tax Issues in Medicaid Planning: Key Rules and Strategies to Avoid Costly Mistakes
Outright Gifts vs. Gifts to a Trust, Income Taxes, Capital Gains, Real Estate Tax Exemptions, Retirement Savings and Distributions

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Family Law
- event Date
Thursday, December 8, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide elder law attorneys guidance on common tax challenges in Medicaid planning and available techniques to avoid issues that may impact eligibility. The panel will discuss the intersection between key tax rules and Medicaid planning and eligibility, transfers of assets by outright gift versus gift to a trust, issues arising from or resulting in income and capital gains taxes, available exemptions, retirement savings and distributions, and other key items.
Faculty

Mr. Krause, J.D., LL.M. is the President and CEO of Krause Financial Services – a Wisconsin-based firm that specializes in crisis Medicaid planning through the use of Medicaid Compliant Annuities and other insurance products. With over 30 years of industry experience, he’s a national expert on using annuities to accelerate eligibility for Medicaid. Mr. Krause earned his B.S. degrees in Sociology and Political Science from the University of Wisconsin-Stevens Point in 1981, his J.D. from Thomas Cooley Law School in 1985, and his LL.M. in Taxation from DePaul College of Law in 1990. He is a member of the Wisconsin State Bar and an emeritus member of the Michigan State Bar. For more information regarding Mr. Krause, his accomplishments, and his company, visit www.medicaidannuity.com.

Mr. Williamson’s practice specializes in taxation and estate planning. He has particular expertise in estate and gift taxation, income taxation of partnerships, and taxation issues unique to tax-exempt entities. He is also knowledgeable in the federal and state Medicaid rules and is skilled at drafting trusts and other types of sophisticated agreements.

Ms. Negrin-Wiener manages the Government Benefits Department, concentrating her practice in the areas of asset protection, Medicaid eligibility planning, estate planning, special needs planning, mediation, guardianships and Veteran benefits. She supervises the preparation of Medicaid Applications for nursing home care, home health care and community benefits, resolves complex Medicaid issues and represents families facing a reduction in Medicaid home care hours and services.
Description
The use of certain tax planning techniques can have a significant impact on Medicaid planning and eligibility requirements. Elder law attorneys must develop strategies to ensure effective Medicaid planning.
Medicaid requires an applicant to have income and assets under a specified amount to be eligible. Still, certain tax rules must be considered to minimize any challenges in meeting those requirements and related rules. To ensure effective Medicaid planning, attorneys must consider key tax issues, such as the nuances of outright gifts versus gifts to a trust, real estate tax exemptions, avoiding capital gains tax, retirement savings and distributions, and other key items.
Listen as our panel discusses Medicaid planning strategies and key tax considerations, as well as best practices for elder law attorneys.
Outline
- Tax rules vs. Medicaid requirements
- Trust drafting and Medicaid
- Gifting vs. Medicaid transfers
- Mitigating tax consequences on retirement accounts and annuities
Benefits
The panel will review these and other key issues:
- What are the key tax issues for Medicaid planning?
- What factors must be considered in making gifts vs. Medicaid transfers?
- What are the tax implications of transferring annuities for Medicaid?
- How do you navigate the issues presented by multiple sources of income?
- What tax challenges must be considered in utilizing and drafting certain trusts?
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