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Seminars & Lectures

THURSDAY
June 25, 2015

Avidia Bank
CPA Appreciation Day
Date: THURSDAY, June 25, 2015
Time: 9:00 AM – 11:30 AM
Location: Worcester Country Club 2 Rice Street Worcester, MA 01606
Speaker: Leo J. Cushing, Esq., CPA, LLM

Description:

Session 1:

Tax Planning for Private Equity Fund Clients

Discuss how Private Equity fund managers are compensated and how to structure tax efficient estate planning strategies for your clients.

The event will cover the basics of private equity taxation and estate planning.

Event Outline:

  • PE Fund manager’s compensation: Carried Interest explained.
  • How is the carried interest taxed for income tax purposes?
  • What are the estate tax consequents of the wealth from carried interest income?
  • Can the carried interest be gifted?
  • Protecting the carried interest from estate taxes and creditors.
  • Valuation of the carried interest.
  • The sale of the option to a domestic asset protection trust, the ultimate estate tax plan.

Session 2:

Medicaid Update and the Use of Irrevocable Medicaid Type Trusts, the Estate, Gift and Income Tax Consequences

Seating is limited so please RSVP to Amy Peterson at 800-508-2265, ext. 3687 or  a.peterson@avidiabank.com

TUESDAY
June 23, 2015

Massachusetts Association of Accountants
Post Mortem Planning and the preparation of Fiduciary Income Tax Returns for Decedents, Estates & Trusts
Date: TUESDAY, June 23, 2015
Time:9:00 AM – 5:00 PM
Location: John Carver Inn 25 Summer Street, Plymouth, MA 02360
Speaker: Leo J. Cushing, Esq., CPA, LLM

Description:

If your practice involves the administration of estates, then this practical "clinic" will be time well spent. Get your questions answered regarding the income taxation of decedent’s estate and trusts; learn how to protect your client from tax liability; learn how to distinguish trust accounting income from taxable income; get practice computing taxable income and distributable income; be briefed on how to fund a bequest - and much more. The session features a hands-on drafting challenge - a sample federal fiduciary income tax return for a complex trust, which you complete with expert guidance. Before the day is over, you will have a unique opportunity to "ask the experts" your questions. Don’t miss it!

You will learn...

  • How the new Uniform Probate Code (effective March 31, 2012) and the newer Uniform Trust Code (effective July 8, 2012) affects the preparation of fiduciary income tax returns.
  • How the new Obama Care 3.8 % tax on passive income applies to estates and trusts.
  • Allocation of items of income, expense, deduction, and credit between the decedent’s final return and the decedent’s income, estate, and/or trust tax returns.
  • Demystifying the concept of DNI.
  • Understanding simple trusts together with examples
  • Understanding complex trusts together with examples
  • Final year distributions
  • Election to recognize gain
  • Reviewing fractional and pecuniary trusts and understanding the income tax consequences of funding marital and by-pass shares.
  • S corporations and trusts. Don’t blow the S election inadvertently.
  • Grantor trusts.
  • Electing small business trusts
  • Qualified QSSTs
  • Grantor Trusts Planning; Everything you need to know about Grantor Trusts.
  • How to make a trust a grantor trust and recognize a grantor trust
  • The income tax and federal employer identification number requirements
  • Understanding transfers and transactions between a grantor and grantor trust (Qualified personal residence trusts, Grantor retained annuity trusts, Sales to intentionally defective trusts, Home security trusts, Promissory notes, and Private life annuities)

All new material and discussion regarding…

(1) the 3.8% Medicare tax

  • understanding and perhaps avoiding the 2% limitation on fiduciary fees
  • understanding material participation for trustees in light of new 3.8% tax on passive income
  • how to allocate capital gains to trust accounting income in a year other than a final year

(2) The latest planning opportunities with Private Life Annuities and Intentionally defective irrevocable trusts

Register Here!


MONDAY
June 22, 2015

Massachusetts Continuing Legal Education
CFPB Compliance: What Is Your Plan for Meeting Disparate Lender Requirements?
Date: MONDAY, June 22, 2015
Time:9:00 AM – 12:00 PM
Location: MCLE Conference Center 10 Winter Place, Boston
Speaker:JULIE M. PALMACCIO, Esq.; Ruth Dillingham, Esq.; Greg Farber, VP, Quality Control and Training

Description:

For residential loan applications taken on or after August 1, 2015 the method of origination, processing and closing the transaction will change drastically, as well as the timeline for completing "the deal." As real estate attorneys, we not only need to be well versed in the new rules, but also in compliance with the, potentially varying, guidelines and processes promulgated by our lender partners. Our expert panel will not only examine the ins and outs of the CFPB Compliance, but also teach you best practices for staying ahead of the competition and positioning your firm to be CFPB compliant. The changes are coming whether you are ready or not, so be ready! Learn how to be a resource for your lenders, brokers and buyer/seller clients.

Agenda:

  • What Changes is the CFPB really making to RESPA/TILA and how will the change be enforced?
  • New forms: Origination, Offer, P&S and Closing. Loan Disclosure vs. GFE and TIL. Closing Disclosure vs. Closing Statement.
  • What impact the new rules will have on timing?
  • What impact the new rules will have on fees and tolerances?
  • Managing client expectations.
  • Educating clients and real estate brokers.
  • ALTA Best Practices.
  • Recommended Office Practices and Procedures; Evidence of Compliance.
  • Data Security.
  • Integrated Platforms.

Register Here!

TUESDAY
June 16, 2015

Massachusetts Association of Accountants
Post Mortem Planning and the preparation of Fiduciary Income Tax Returns for Decedents, Estates & Trusts
Date:TUESDAY, June 16, 2015
Time:9:00 AM – 5:00 PM
Location: Sheraton Colonial Boston North Hotel & Conference Center, 1 Audubon Road, Wakefield, MA 01880
Speaker:Leo J. Cushing, Esq., CPA, LLM

Description:

If your practice involves the administration of estates, then this practical "clinic" will be time well spent. Get your questions answered regarding the income taxation of decedent’s estate and trusts; learn how to protect your client from tax liability; learn how to distinguish trust accounting income from taxable income; get practice computing taxable income and distributable income; be briefed on how to fund a bequest - and much more. The session features a hands-on drafting challenge - a sample federal fiduciary income tax return for a complex trust, which you complete with expert guidance. Before the day is over, you will have a unique opportunity to "ask the experts" your questions. Don’t miss it!

You will learn...

  • How the new Uniform Probate Code (effective March 31, 2012) and the newer Uniform Trust Code (effective July 8, 2012) affects the preparation of fiduciary income tax returns.
  • How the new Obama Care 3.8 % tax on passive income applies to estates and trusts.
  • Allocation of items of income, expense, deduction, and credit between the decedent’s final return and the decedent’s income, estate, and/or trust tax returns.
  • Demystifying the concept of DNI.
  • Understanding simple trusts together with examples
  • Understanding complex trusts together with examples
  • Final year distributions
  • Election to recognize gain
  • Reviewing fractional and pecuniary trusts and understanding the income tax consequences of funding marital and by-pass shares.
  • S corporations and trusts. Don’t blow the S election inadvertently.
  • Grantor trusts.
  • Electing small business trusts
  • Qualified QSSTs
  • Grantor Trusts Planning; Everything you need to know about Grantor Trusts.
  • How to make a trust a grantor trust and recognize a grantor trust
  • The income tax and federal employer identification number requirements
  • Understanding transfers and transactions between a grantor and grantor trust (Qualified personal residence trusts, Grantor retained annuity trusts, Sales to intentionally defective trusts, Home security trusts, Promissory notes, and Private life annuities)

All new material and discussion regarding…

(1) the 3.8% Medicare tax

  • understanding and perhaps avoiding the 2% limitation on fiduciary fees
  • understanding material participation for trustees in light of new 3.8% tax on passive income
  • how to allocate capital gains to trust accounting income in a year other than a final year

(2) The latest planning opportunities with Private Life Annuities and Intentionally defective irrevocable trusts

Register Here!


FRIDAY
June 5, 2015

The Foundation For Continuing Education
Estate Planning - Intermediate/Advanced
Date:FRIDAY, June 5, 2015
Time:9:00 AM – 3:00 PM
Location: Natick Hampton Inn 319 Speen Street, Natick, MA 01760
Speaker:Leo J. Cushing, Esq., CPA, LLM

Description:

  • Planning to Eliminate or Reduce Estate Taxes
  • How the new Obama Care 3.8 % tax on passive income applies to estates and trusts.
  • Review of the Basics: Estate Tax Computation
  • Examination of Typical Trust: General Marital, Special Marital, and By-pass Shares
  • The Qualified Terminable Interest Trust in Detail
  • Valuation: Real Estate, Partnerships, Closely-Held Stock
  • Disclaimers
  • Generation Skipping, etc.
  • Irrevocable Life Insurance Trust
  • Retirement Plans, Buy and Sell Problems, etc
  • Proposed Legislation and Your Lifetime Giving Guide.

Register Here!

THURSDAY
June 4, 2015

The Foundation For Continuing Education
Estate Planning Essentials "Case Study Fed 706 & Mass. 706"
Date:THURSDAY, June 4, 2015
Time:9:00 AM – 1:00 PM
Location: Natick Hampton Inn 319 Speen Street, Natick, MA 01760
Speaker:Todd E. Lutsky, Esq. LLM

Description:

Join Todd in this exciting walk through of a Federal & Mass. estate.

The estate tax laws continue to change so come and learn how to prepare estate and gift tax returns in this new environment. We will begin by briefing you on a spectrum of topics from 2014 and beyond such as the changes to the applicable extension amount for deaths occurring in 2013, 2014 and beyond; a closer look at the importance of a step up in basis in light of the new net investment income tax (NIIT) and how it works; the portability of the estate tax exemption; the adjustment of the generation-skipping tax (GST) to inflation; and the scheduled maximum rate for gifts, estates and GST for 2013 and 2014. Using a hypothetical example we will then walk you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with a brief explanation of the different estate planning documents you may encounter when preparing these returns; such as revocable trust, irrevocable life insurance trusts, first and second to die variety, Medicaid income only trusts, limited liability companies and much more with special attention paid to a joint trust and the application of § 1014 e to the trust and the possible double step up in basis. This course will also include the preparation of a gift tax return in connection with the use of a qualified personal residence trust. So sharpen your pencil and come to this hypothetical-packed session ready to "do the math".

  • Filing Release of Liens, General Information & Elections;
  • Real Estate - Schedule A;
  • Stocks & Bonds - Schedule B;
  • Mortgages, Notes & Cash - Schedule C;
  • Life Insurance - Schedule D;
  • Joint Property - Schedule E;
  • Other Miscellaneous Property - Schedule F;
  • Lifetime Transfers - Schedule G;
  • Powers of Appointment - Schedule H;
  • Pensions & Annuities - Schedule I;
  • Deductions: Admin. Expenses, Debts & Losses - Schedules J, K, L;
  • Bequests to Surviving Spouse - Schedule M;
  • Charitable Deductions - Schedule O;
  • Generation Skipping Transfers - Schedule R;
  • Credits for Taxes on Prior Transfers, etc. - Schedule P & G;
  • Hypothetical Problem & Federal & State Computations in Detail.
  • Questions and Answers.
  • Filing Release of Liens, General Information & Elections;
  • Real Estate - Schedule A;
  • Stocks & Bonds - Schedule B;
  • Mortgages, Notes & Cash - Schedule C;
  • Life Insurance - Schedule D;
  • Joint Property - Schedule E;
  • Other Miscellaneous Property - Schedule F;
  • Lifetime Transfers - Schedule G;
  • Powers of Appointment - Schedule H;
  • Pensions & Annuities - Schedule I;
  • Deductions: Admin. Expenses, Debts & Losses - Schedules J, K, L;
  • Bequests to Surviving Spouse - Schedule M;
  • Charitable Deductions - Schedule O;
  • Generation Skipping Transfers - Schedule R;
  • Credits for Taxes on Prior Transfers, etc. - Schedule P & G;
  • Hypothetical Problem & Federal & State Computations in Detail.
  • Questions and Answers.

Register Here!

TUESDAY
June 2, 2015

Massachusetts Association of Accountants
Medicaid Planning From Cradle to Grave
Date:TUESDAY, June 2, 2015
Time:9:00 AM – 5:00 PM
Location: Sheraton Colonial Boston North Hotel & Conference Center, 1 Audubon Road, Wakefield, MA 01880
Speaker:Todd E. Lutsky, Esq. LLM

Description:

Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers and the state’s legal counsel continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what type of planning techniques MassHealth is challenging and what arguments they are making, along with a complete road map to Medicaid planning from understanding and applying the basic rules to advanced planning techniques through the use of Medicaid irrevocable income only trusts. So sharpen your pencils and come and learn!

  • The difference between a Health Care Proxy and a Durable Power of Attorney when it comes to admitting a loved one to a nursing home as it relates to your own personal liability.
  • What are countable vs. not countable assets in determining Medicaid eligibility.
  • How real estate is treated from the Primary residence to rental property to the vacation home and the last minute techniques available to protect them from the nursing home.
  • The pros and cons of purchasing a life estate in another’s home.
  • The differences between the Five Year look back period and the penalty period and how to plan using them.
  • Exceptions to the Five Year look back period including the caretaker child exception, sole benefit trusts, special needs trusts, pooled trusts, along with how such techniques work.
  • How to plan with Medicaid annuities and how they differ for married couples vs. a single person.
  • How to draft personal care contracts and how they work from the income tax issues to the Medicaid benefits.
  • How to draft and use testamentary trusts
  • How to draft irrevocable income only trusts along with a gift, income and estate tax analysis of the trusts.
  • The Grantor trusts rules and how limited Powers of Appointment operate within these trusts.
  • The income, gift and estate tax consequences of life estates and how best to use them.
  • The impact of Estate recovery rules, liens and the new long term care insurance rules as it relates to estate recovery.
  • How to preserve your elderly or property tax abatements.
  • The anatomy of a fair hearing.

Agenda and written materials:

  • Copies and Analysis of Recent Cases
  • Analysis of Planning Opportunities
  • Sample Trust Documents
  • "Ask the Experts" Q&A Session
  • Sample Personal care contract

Register Here!

THURSDAY
May 21, 2015

The Foundation For Continuing Education
Medicaid & Health Care Planning Update 2015
A survival seminar on MassHealth benefits and Medicaid planning
Date: THURSDAY, May 21, 2015
Time:9:00 AM – 12:00 PM
Location: : MCLE Conference Center, 10 Winter Place Boston
Speaker:Leo J. Cushing, Esq., CPA, LLM, Todd E. Lutsky, Esq., LLM

Description:

Every year, Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The statutes and regulations may seem clear, but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. This program covers a broad range of issues related to MassHealth and Medicaid, from disabled child exceptions to trusts to life estates. Attention is also paid to recent case law and regulatory updates. Come to this survival seminar to learn from two experts what you need to know to get your clients the benefits they need.

  • How to Draft an Effective Irrevocable Medicaid Trust for a Single Person and for a Married Couple
  • How and When to Draft a Testamentary Trust
  • The Lookback and Penalty Period
  • When to Use Commercial Annuities, Private Annuities, and/or Promissory Notes
  • Whether Personal Care Contracts Are Permissible
  • The New Standards to Meet the Caretaker Child Exception and Disabled Child Exception
  • Whether Your Medicaid Trust Should Permit the Donor to Use and Occupy the Family Home
  • How to Protect Yourself from Legal Malpractice Claims
  • How to Show Certain Income-Producing Assets Are Noncountable
  • When to Use a Life Estate
  • How to Preserve Residential and/or Elderly Property Tax Exemptions
  • How to Draft Around the Uniform Trust Code
  • Copies and Analysis of Recent Cases and Planning Opportunities
  • Sample Trust Documents with Annotations
  • "Ask the Experts" Q&A Session

Register Here!

Live Webcast
9:00 am - 12:00 pm
Thursday, 05/21/2015

Recorded Webcast 2:00 pm - 5:00 pm
Thursday, 05/28/2015

FRIDAY
May 15, 2015

Massachusetts Continuing Legal Education
Shielding & Getting at Wealth: From Asset Protection Planning to Flagging Fraudulent Conveyances
Complex strategy and calculated forethought dissected in a moderated dialogue
Date: FRIDAY, May 15, 2015
Time:9:00 AM – 12:00 PM
Location: : MCLE Conference Center, 10 Winter Place Boston
Speaker:TODD E. LUTSKY, Esq. LLM; Andrew G. Lizotte, Esq.; Kenneth S. Leonetti, Esq.

Description:

Protecting and getting at wealth that has been accumulated over time is a multi-dimensional exercise. Asset protection strategies implemented in advance of litigation, insolvency, or other unforeseen circumstances can go a long ways toward ensuring continued ownership of assets and providing for an orderly transfer of assets to intended beneficiaries. Transfers made in reaction to unforeseen events or otherwise absent proper planning and advice are more likely to be vulnerable to challenges made by creditors, trustees, or receivers.

This new program analyzes the many challenges to preserving wealth—and features litigation strategies to challenge asset protection measures and maximize the prospect of recovery on a judgment. Strategy and timing can be everything. What is yours?

  • Protection of Assets Through Asset Protection Trusts and Medicaid Irrevocable Trusts—and Related Tax Implications
  • Recovery of Transferred Assets in Litigation—Best Practices and Vulnerable Transfers
  • Recovery of Transferred Assets in Bankruptcy, Including Latest Developments Respecting the Homestead Law, Fraudulent Transfers, and Trust Issues
  • "Ask the Experts" Q&A Session

Register Here!

Live Webcast
9:00 am - 12:00 pm
Friday, 05/15/2015

Recorded Webcast
9:00 am - 12:00 pm
Friday, 05/22/2015

TUESDAY
May 5, 2015

Massachusetts Continuing Legal Education
Latest Techniques for Middle Class Estates Key issues that need to be addressed for 2015
Date: FRIDAY, May 5, 2015
Time:9:00 AM – 12:00 PM
Location: : MCLE Conference Center, 10 Winter Place Boston
Speaker:Leo J. Cushing, Esq., CPA, LLM, Todd E. Lutsky, Esq. LLM

Description:

Every middle class estate plan must address traditional estate tax planning as well as effective Medicaid planning. This year in Massachusetts, the middle class estate must also address the new federal estate and gift tax exemptions of $5,430,000 per person, while at the same time deciding whether to rely on portability and effective use of DSUE. The middle class estate must also address the so-called exception differential of $4,430,000 and the fact that Massachusetts does not have a gift tax. Moreover, since one out of two Massachusetts residents likely will spend at least a year in a nursing home after age 65, estate planners must also know how to do effective Medicaid planning, even if the only recommendation to their clients is long-term care insurance.

In this program, expert practitioners cover all the key issues involved in middle class estate planning. Learn how estate tax planning and Medicaid planning intersect so that you can protect yourself from legal malpractice and ensure that your clients are well-prepared for the future.

  • How to Blend Effective Estate Tax Planning with Medicaid Planning
  • The Benefits and Pitfalls of Portability
  • Why the Massachusetts Estate Tax Exemption Is Really $5,430,000 with a Giving Program
  • Should Your Trusts Be Revocable or Irrevocable?
  • How to Use a QTIP Trust to Deal with the Massachusetts Exemption Differential
  • Why a Joint Trust Instead of Two Separate Trusts Is More Effective and Cost-Efficient
  • How to Obtain a Step-Up in Basis Even If the Trust Is Irrevocable
  • How to Effectively Utilize Powers of Appointment
  • How to Handle Retirement Assets
  • How to Deal with the Massachusetts Uniform Probate Code, the Massachusetts Uniform Trust Code, and the Uniform Principal and Income Act
  • How to Protect Yourself from Legal Malpractice Claims
  • "Ask the Experts" Q&A Session

Register Here!

Live Webcast
9:00 am - 12:00 pm
Tuesday, 05/05/2015

Recorded Webcast
2:00 pm - 5:00 pm
Tuesday, 05/12/2015

MONDAY
May 4, 2015

The Real Estate Bar Association for Massachusetts
2015 REBA Spring Conference
Date: MONDAY, May 4, 2015
Time:7:30 AM – 2:45 PM
Location: : Four Points by Sheraton, 1125 Boston-Providence Turnpike, Norwood
Speaker:JULIE M. PALMACCIO, Esq.; Rick Diamond; Christopher J. Gulotta; Richard M. Reass; Kendra L. Berardi; Melissa B. Morrow; Ruth A. Dillingham; Michelle L. Korsmo; Heidi S. Alexander; Michelle T. Simons; Mary L. Cataudella; Robert J. Moriarty Jr.; Edmund A. Williams Jr.; Margaret B. Briggs; Scott W. Horsley Carrie B. Rainen; Benjamin O. Adeyinka Thomas D. Moore; Tani E. Sapirstein Jonathan R. Hausner; Thomas O. Moriarty Carol J. Holahan; Ricardo M. Sousa; Philip S. Lapatin

Description:

Join us at our 2015 Spring Conference where you can take advantage of accredited continuing legal education, network with colleagues and enjoy an informational luncheon. Michelle Korsmo, CEO of the American Land Title Association (ALTA), will give the luncheon keynote address.

Below are the Conference's ten, hour-long breakout sessions:

  • Recent Developments in Massachusetts Case Law
  • The Impending TILA/RESPA Integrated Disclosure Rule: Practical Effects of the CFPB's Authority over our Lender Clients
    JULIE M. PALMACCIO, Esq.;
    Ruth A. Dillingham; Michelle L. Korsmo
  • CFPB: Encryption and Data Security Requirements
  • Ibanez and its Aftermath: Title Issues to be Aware of Post-foreclosure
  • Foreclosure Ordinances after SJC's Easthampton Savings Bank Decision: Addressing Municipal Concerns
  • The Economics of Construction: Understanding the New Retainage Law and Revisiting the Economic Loss Rule
  • Wireless Telecommunications and Real Estate
  • Avoiding and Fixing Environmental Issues in your Title (and Title Insurance): Chapter 91 Licenses, Wetlands Orders of Conditions, and Certificates of Compliance - Practical Skills Session
  • Taming Your Files: Best Practices for Your Firm - Practical Skills Session
  • Land Court and Registered Land Practice and Procedure - Practical Skills Session

Click HERE to download the Conference brochure. You can also register online at www.reba.net

MONDAY
April 27, 2015

The Real Estate Bar Association for Massachusetts
Open luncheon meeting of REBA's Estate Planning, Trusts & Estate Administration Committee on the Massachusetts Homestead Law
Date: MONDAY, April 27, 2015
Time:12:30 PM
Location: John W. McCormack Post Office and Court House, 5 Post Office Square, 12th Floor, Boston, MA 02109-3945
Speaker:LEO J. CUSHING, Esq., CPA, LLM; Hon. Joan N. Feeney; Hon. William C. Hillman; Don Lassman, Esq.

Description:

The meeting topic will be a general discussion of the Massachusetts Homestead Law. Guest speakers include the Hon. Joan N. Feeney and the Hon. William C. Hillman, both of the United States Bankruptcy Court, and Don Lassman, Esq., a Chapter 7 Trustee and debtor's attorney.

RSVP to Andrea Morales at morales@reba.net Lunch will be available at a cost of $10.00, payable at the meeting, and will consist of a variety of sandwiches, salad, beverages, and dessert. Please indicate whether or not you would like to order lunch in your RSVP. You are also welcome to bring your own. This meeting is open to all REBA members.


THURSDAY
April 16, 2015

Massachusetts Continuing Legal Education
17th Annual Real Estate Law Conference 2015
Date: THURSDAY, April 16, 2015
Time:9:00 AM – 4:00 PM
Location: MCLE Conference Center 10 Winter Place, Boston
Speaker:JULIE M. PALMACCIO, Esq.; Thomas O. Moriarty, Esq.; Rick Diamond; John D. Kalish, Esq.; Susan B. LaRose, Esq.; Francis J. Nolan, Esq.; Greg D. Peterson, Esq.; David E. Wilson, Esq.

Description:

MCLE's 17th Annual Real Estate Law Conference 2015 gives you the substantive analysis and practical insight on significant real estate developments impacting a wide range of transactions. Both inexperienced and well-seasoned real estate practitioners must stay up-to date on these changes.

Conference topics include an in-depth analysis of the application of the new protocols for the deregistration of registered land, an update on the new DEP regulations—including guidance on what every real estate conveyancer should know about buying and selling contaminated property, and practical tips for reviewing and approving post-foreclosure titles in the wake of Ibañez and its progeny, as well as recent game changing developments in construction law.

All of the topics provide timely and practical tips tailored for the seasoned real estate lawyer— regardless of your particular focus in real estate practice. Both residential and commercial real estate practice have experienced a lot of changes recently—you won't want to miss this Conference!

Keynote Panel: CFPB TILA-RESPA Integrated Disclosure Rule: The Future Is Now

The Consumer Financial Protection Bureau has approved sweeping changes scheduled to become effective on August 1, 2015, which impact the closing process in many fundamental ways. The regulations have done away with the HUD form and introduced a new closing disclosure statement, which combines the HUD and the final TIL. New requirements mandate that the borrower be in receipt of the closing disclosure three business days prior to closing, or the closing cannot occur as scheduled. Lenders may also assume responsibility for completion of the borrower's closing disclosure, while leaving preparation of the seller's closing disclosure to the settlement agent. The regulations may alter the meaning and significance of "time-is-of-the-essence" clauses, which could impact the entire real estate transaction process. Additionally, lenders may increase their scrutiny of settlement agent compliance with CFPB's strict regulations, requiring revised office policies and procedures. Hear a panel of experts explain what has to be done to comply—and the practical approaches to getting to compliance.

Agenda

9:00 A.M. - 9:15 A.M.

Welcome & Introduction

9:15 A.M. - 10:15 A.M.

New Protocols for Deregistration: Voluntary Withdrawal from Registered Land

There are certain situations where removing land from the registration system provides a client with some flexibility in connection with its further development. Benefit from practical analysis and insightful perspective regarding the new protocols and hear tips on how to secure deregistration in the most efficient and timely manner possible.

10:15 A.M. - 11:15 A.M.

What Conveyancers Need to Know About Buying and Selling Contaminated Property

Massachusetts led the country in privatizing its hazardous materials cleanup program using risk-based corrective action. Maintaining a balance between protection of public health, and economic development via the reuse of contaminated property in areas already served by water, sewer, and transportation infrastructure, continues to drive the 21E / Massachusetts Contingency Plan program. Over the last 10 years a number of issues increased this tension and prevented resolution of a number of 21E sites, including evolving changes in toxicity data for common contaminants, how to manage residual contamination, the measurement and management of oil in groundwater, and vapor intrusion in existing and future buildings from volatile organic compounds in groundwater. In 2014 DEP promulgated the most sweeping regulatory changes in 20 years in an attempt to address these issues. DEP is engaged in ongoing development of new guidance to implement and refine the regulatory changes. This session reviews the underlying structure of the 21E program and the opportunities and risks for brownfields redevelopment from the 2014-2015 DEP changes to the program.

11:15 A.M. - 11:30 A.M.

Networking & Refreshment Break

11:30 A.M. - 12:30 P.M.

The Search for Marketable Title After Foreclosure: What You Must Know Before Passing Title

The laws of foreclosure have been re-written over the past few years. Ibañez and its progeny, along with several legislative and regulatory changes, have changed the fundamentals of foreclosure practice. These changes have also, as a direct consequence, impacted what an examiner of title must look for and consider both from a record standpoint and with regard to the non-record procedures employed in the foreclosure process. No conveyancer should be without the skills to review, analyze, and assess the marketability of a postforeclosure title.

12:30 P.M. - 1:30 P.M.

Lunch Break (on your own)

1:30 P.M. - 2:45 P.M.

KEYNOTE PANEL: CFPB's TILA-RESPA Integrated Disclosure Rule: The Future Is Now

Hear an in-depth discussion of the watershed changes imposed by the new CFPB regulations.

JULIE M. PALMACCIO, Esq.; Rick Diamond; Susan B. LaRose, Esq.

2:45 P.M. - 3:45 P.M.

Recent Developments in Contract and Construction Law

A new law is now in effect for construction contracts in excess of $3 million executed after November 6, 2014. It not only affects the amount of retainage that a construction stakeholder may withhold but also mandates processes for project completion. In short, the new law is a game changer, particularly for lenders and developers. Get answers to questions such as:

  • When does the 5% retainage limit apply—and when not?
  • What are the steps and timelines for closing out a project, starting with substantial completion?
  • What are the owner's and prime contractor's responsibilities during that process? What about subcontractors and sub-subs?
  • When can you start invoicing for retainage?
  • How much can be withheld from retainage—and for what?
  • What happens in the case of claims, rejections, and disputes?
  • The new law, like the Prompt Payment Act, is expected to have a broad and lasting impact on the construction industry in Massachusetts.

3:45 P.M. - 4:00 P.M.
"Ask the Experts" Q&A Session Panel

Register Here!

Live Webcast
9:00 am - 4:00 pm
Thursday, 04/16/2015

Recorded Webcast
9:00 am - 4:00 pm
Thursday, 04/23/2015

THURSDAY
April 9, 2015

The Foundation For Continuing Education
Medicaid Planning Update
Date:THURSDAY, March 12, 2015
Time:9:00 AM – 1:00 PM
Location: : Courtyard Marriott 10 Campanelli Drive, Andover, MA 01810
Speaker: Todd E. Lutsky, Esq. LLM

Description:

Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what you need to know, and what type of planning techniques MassHealth is challenging and what arguments they are making, along with viable planning techniques and much more.

  • How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit.
  • How and when to draft a Testamentary trust.
  • The difference between a look back period and a penalty period and permitted transfers.
  • When to use commercial annuities, private annuities, and/or promissory notes, and how they work.
  • Whether personal care contracts are permissible and how to draft them effectively.
  • The new standards to meet the caretaker child exception and disabled child exception.
  • Whether your Medicaid Trust should permit the donor to use and occupy the family home.
  • How to protect yourself from legal malpractice claims.
  • How to show certain income-producing assets are non-countable.
  • The 2 ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates.
  • How to preserve residential and/or elderly property tax exemptions.
  • Review of cases from around the country - how states are challenging Medicaid planning care contracts to special needs trusts.
  • A walk through of the anatomy of a Medicaid fair hearing.
  • A review of fair hearings and a closer look at how MassHealth is challenging Medicaid planning opportunities.
  • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts.
  • What are countable and non-countable assets.
Agenda and written materials:
  • Copies and Analysis of Recent Cases
  • Analysis of Planning Opportunities
  • Sample Trust Documents
  • "Ask the Experts" Q&A Session
  • Sample Personal care contract
  • Register Here!

WEDNESDAY
April 8, 2015

National Business Institute
Medicaid: Beyond the Basics
Date: Wednesday, April 8, 2015
Time:8:30 AM – 4:40 PM
Location: Crowne Plaza Boston-Woburn 15 Middlesex Canal Park
Speaker: LEO J. CUSHING, Esq., CPA, LLM, Lawrence G. Hoyle, Julie Low and Eric R. Oalican

Description:

Trouble-Shooting Medicaid Practice

The area of government benefits is in constant flux - are you up to the task of educating and providing clients with all the financial and medical assistance that's available? This authoritative session will provide you with much needed answers to the complex questions on Medicaid eligibility, asset transfers and preservation, and final estate recovery. Let our distinguished faculty be your guides through the maze of government regulations and financial strategies, and lead you to the highest level of mastery - enroll today!

  • Learn how the changes in the law affect asset preservation, and gain practical tips for working effectively within the legislative framework.
  • Help clients qualify for federal assistance programs and still remain financially stable: know when and how to classify the resource as an asset or income.
  • Battle the stigma of government assistance by tactfully educating your clients on their options.
  • Discuss the effectiveness of various trusts as Medicaid qualifiers, and refine the use of the most successful ones.
  • Help clients live out their lives comfortably: understand the interplay of various assistance programs.
  • Spot and avoid mistakes that may cause the beneficiary to lose government benefits.
  • Gain practical examples of the must-have provisions to include in special needs trusts.
  • Find out what must be done with the remaining trust funds after the death of the client in order to avoid estate recovery.
  • What happens when the client's income changes after Medicaid approval? Gain strategies for preserving the government benefits and re-applications for assistance.
  • Utilize the expertise of your colleagues and address the most pressing issues of everyday practice in the course of an engaging discussion.

Course Content

  • Medicaid Eligibility Requirements, Benefits and Application Process
LEO J. CUSHING, Esq., CPA, LLM
  • Coordination of Benefits with Medicare and Other Insurance Coverage
LEO J. CUSHING, Esq., CPA, LLM
  • Asset Transfer Strategies
  • Protecting Assets
  • Special Needs Trusts – Creation, Taxation and Administration
  • Post-Eligibility Issues
  • A Look to the Future: A Roundtable Discussion on Adapting Your Practice to the Ever-Changing Environment
LEO J. CUSHING, Esq., CPA, LLM, Lawrence G. Hoyle, Julie Low and Eric R. Oalican

Register Here!

WEDNESDAY
March 12, 2015

The Foundation For Continuing Education
Medicaid Planning Update
Date: Wednesday, March 12, 2015
Time:9:00 AM – 1:00 PM
Location: : John Carver Inn 25 Summer Street, Plymouth, MA 02360
Speaker: Todd E. Lutsky, Esq. LLM

Description:

Every year Medicaid planning and the ability to obtain MassHealth benefits become more difficult. The Status and regulations seem clear but case workers continue to identify flaws in Medicaid plans and they are looking for ways to deny benefits. Come to this survival seminar to learn what you need to know, and what type of planning techniques MassHealth is challenging and what arguments they are making, along with viable planning techniques and much more.

  • How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit.
  • How and when to draft a Testamentary trust.
  • The difference between a look back period and a penalty period and permitted transfers.
  • When to use commercial annuities, private annuities, and/or promissory notes, and how they work.
  • Whether personal care contracts are permissible and how to draft them effectively.
  • The new standards to meet the caretaker child exception and disabled child exception.
  • Whether your Medicaid Trust should permit the donor to use and occupy the family home.
  • How to protect yourself from legal malpractice claims.
  • How to show certain income-producing assets are non-countable.
  • The 2 ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates.
  • How to preserve residential and/or elderly property tax exemptions.
  • A walk through of the anatomy of a Medicaid fair hearing.
  • · A review of fair hearings and a closer look at how MassHealth is challenging Medicaid planning opportunities.
  • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts.
  • What are countable and non-countable assets.

Agenda and written materials:

  • Copies and Analysis of Recent Cases
  • Analysis of Planning Opportunities
  • Sample Trust Documents
  • · "Ask the Experts" Q&A Session
  • · Sample Personal care contract

Register Here!


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Serving Businesses and Individuals Throughout Massachusetts

Cushing & Dolan, P.C.
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Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
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Norwood, MA 02062

Phone: 781-278-9901
Fax: 781-278-9911
Toll Free: 888-759-5109
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Woburn, MA 01801

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
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Braintree, MA 02184-8724

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Fax: 617-523-5653
Toll Free: 888-759-5109
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