Seminars & Lectures

The Real Estate Bar Association for Massachusetts

Open Meeting of the Estate Planning Section on February 28th
The Hows and Whys of the Miracle IRC § 199A, 20% for
Real Estate Owners, Real Estate Brokers and Insurance Agents

DESCRIPTION:

Please join REBA's Estate Planning, Trusts & Estate Administration Section for an open luncheon meeting at 12 pm on February 28th at REBA in Boston. Our guest speaker will be Paul Flanagan, CPA, Partner at Samet & Company PC.

How the Trump Jobs Act, Section 199A, 20% deduction benefits real estate owners, real estate brokers, and insurance agents. The hows and whys of the incredible 20% deduction as it relates to real estate interests.

This luncheon, which is open to all REBA members, will be held at noon on Thursday, February 28, 2019 in the Presidents Conference Room at REBA, 295 Devonshire Street, Sixth Floor, in Boston. This presentation will also be webcast.

Lunch will be provided and will consist of a variety of sandwiches, salad, beverages, and dessert. In your RSVP, please indicate whether or not you would like to participate in lunch. You are also welcome to bring your own.

Speakers

Paul Flanagan, CPA, Partner at Samet & Company PC.

In-Person Program

Date: THURSDAY, February 28, 2019
Time: 12:00 PM
Location: The Real Estate Bar Association for Massachusetts
295 Devonshire Street, Sixth Floor
Boston, Massachusetts MA 02110-1266


Massachusetts Continuing Legal Education

Latest Techniques for Middle Class Estates

Go beyond the simple estate plan

Register Now

DESCRIPTION:

Many estate planners can find middle class estates to be challenging. The category often encompasses a broad and disparate range of individuals, including young families with children, younger individuals with emerging wealth, recent empty-nesters, and elderly individuals concerned about long term care. Each of these groups requires a different approach to estate planning.

The Tax Cuts and Jobs Act of 2018 increased the federal exemption to $11,400,000 while maintaining portability and the step-up in basis rules drastically changing the estate planning landscape. Instead of removing assets from the estate, the focus shifts to estate inclusion to obtain a step-up in basis and with proper planning obtain a double step-up in basis, as well as opening up generation skipping tax planning opportunities. The Tax Cuts and Jobs Act has greatly expanded the moderate estate world and made understanding how to use a general powers of appointment and drafting the joint revocable trust more important than ever. How does all this planning impact the Massachusetts estate tax whose exemption remains at $1,000,000? Finally, the elderly are concerned about protecting assets from the nursing home but do not want to pay Massachusetts estate taxes as well.

Come and learn how Medicaid irrevocable trusts can be drafted to include QTIP trusts and a by-pass trust that will reduce estate taxes while still protecting assets from the nursing home.

Come and learn how to skillfully craft an estate plan tailored to your client's individual situation, while utilizing the latest in tax minimization, step-up in basis, and asset protection strategies. You also get an in-depth look at how to add value and form a relationship with your clients that transcends the "one-off" nature of common approaches to middle class estate planning. You emerge with expert tools and a deep understanding of the key issues facing your clients.

Faculty
Leo J. Cushing, Esq., CPA, LL.M., Cushing & Dolan, PC, Waltham, Chair
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, PC, Waltham

In-Person Program
Date: TUESDAY, March 5, 2019
Time: 9:30 AM - 1:30 PM
Location: MCLE Conference Center, Ten Winter Place, Boston

Live Webcast
Date: TUESDAY, March 5, 2019
Time: 9:30 AM - 1:30 PM

Recorded Webcast
Date: TUESDAY, March 19, 2019
Time: 12:30 PM - 4:30 PM

Agenda

  • Thinking Beyond The Basic Estate Plan: Why the Foundation Is Important and Why You Should
  • Estate Planning Strategies for Young Families and Individuals with Emerging Wealth
  • Tax Minimization Techniques: Planning for the Massachusetts Estate Tax, Working w
  • Understanding the joint revocable trust, general powers of appointment, and step-up in ba
  • Retirement Assets: How to Ensure Tax Efficiency and Asset Protection in the Estate Plan
  • Planning with Life Insurance and Long Term Care Asset Protection Planning
  • Working with the Elderly Client and Protecting Assets from the Cost of Long Term Care
  • Recent Updates in Asset Protection Planning for Massachusetts Trusts and Massachusetts Taxation of Out-of-State Property
  • Understanding how the QTIP trust and by-pass trust of an irrevocable Medicaid trust can
  • "Ask the Experts" Q&A Session

Materials

In addition to faculty-prepared submissions that supplement the agenda, the materials for this program include MCLE's A Practical Guide to Estate Planning in Massachusetts, a practical reference prepared by experts in the field that provides comprehensive coverage of the topic as well as helpful exhibits, checklists and forms. With MCLE's supplementation service, new updates are mailed automatically with an invoice. If you do not wish to subscribe, please note on order form.

Also, there is no need to take extensive notes. Two weeks after the live seminar, all registrants will receive a link to a written verbatim transcript of this program.

CLE Credits: 4 substantive credits, 0 ethics credits


Massachusetts Continuing Legal Education

21st Annual Real Estate Law Conference 2019

Emerging issues and best practices in real estate law

Register Now

DESCRIPTION:

Your time is valuable. Let MCLE's expert panelists quickly bring you up to speed on the latest issues in real estate law and the best practices for handling them. The Conference offers valuable insight for both experienced and newly minted practitioners.

Chair
Thomas O. Moriarty, Esq., Moriarty Troyer & Malloy LLC, Braintree

Faculty
Katherine B. Adams, Esq., Schlesinger and Buchbinder LLP, Newton Highlands
Thomas Bhisitkul, Esq., Moriarty Troyer & Malloy LLC, Boston
Stephen J. Buchbinder, Esq., Schlesinger and Buchbinder LLP, Newton Highlands
Kate Moran Carter, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
Leo J. Cushing, Esq., Cushing & Dolan, PC, Waltham
Hugh J. Gorman, III, Esq., Prince Lobel Tye LLP, Boston
Joan Pagel, Brown & Brown of Massachusetts LLC, Dedham

In-Person Program
Date: FRIDAY, March 8, 2019
Time: 9:30 AM - 5:00 PM
Location: MCLE Conference Center, Ten Winter Place, Boston

Live Webcast
Date: FRIDAY, March 8, 2019
Time: 9:30 AM - 5:00 PM

Recorded Webcast
Date: FRIDAY, March 22, 2019
Time: 9:30 AM - 5:00 PM

Agenda
9:30 am-9:35 am

Welcome and Introduction
Thomas O. Moriarty, Esq., Moriarty Troyer & Malloy LLC, Braintree, Chair

9:35 am-10:50 am
Recent Massachusetts Real Estate Case Law Developments
Thomas O. Moriarty, Esq., Moriarty Troyer & Malloy LLC, Braintree, Chair

11:00 am-12:05 pm
Demystifying Insurance Provisions and Related Issues in Commercial Leasing
Thomas Bhisitkul, Esq., Moriarty Troyer & Malloy LLC, Boston
Joan Pagel, Brown & Brown of Massachusetts LLC, Dedham

12:05 pm-1:10 pm
When the Grantee Is a Fiduciary, Avoiding Title Problems and Fiduciary Liability
Leo J. Cushing, Esq., Cushing & Dolan, PC, Waltham

1:10 pm-2:10 pm
Lunch (on your own)

2:10 pm-3:40 pm
Featured Panel: Zoning Issues Related to Adult-Use Recreational Marijuana
Kate Moran Carter, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
Stephen J. Buchbinder, Esq., Schlesinger and Buchbinder LLP, Newton Highlands
Katherine B. Adams, Esq., Schlesinger and Buchbinder LLP, Newton Highlands

3:50 pm-4:50 pm
Insurance Coverage and Exclusions in the Construction Arena
Hugh J. Gorman, III, Esq., Prince Lobel Tye LLP, Boston

4:50 pm-5:00 pm
"Ask the Experts" Q&A Session
Panel

Materials

In addition to a faculty-prepared program book, the materials for this program include MCLE's Massachusetts Real Estate Law Sourcebook & Citator 2019, a compendium of essential resources for both commercial and residential real estate practitioners, combining the latest statutes, regulations, and judicial and administrative resources with a citator summarizing key court decisions from the past year. With MCLE's supplementation service, new updates are mailed automatically with an invoice. If you do not wish to subscribe, please note on order form.

Also, there is no need to take extensive notes. Two weeks after the live seminar, all registrants will receive a link to a written verbatim transcript of this program.

CLE Credits: 6 substantive credits, 0 ethics credits


The Foundation for Continuing Education

Medicaid Planning Update - 2019

Register Now

DESCRIPTION:

So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard.

The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges.

This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need.

Date: FRIDAY, March 15, 2019
Time: 9:00 AM - 1:00 PM
Location: The Latana, 43 Scanlon Drive, Randolph, MA

Speaker
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Agenda

  • Explore MassHealth's latest trick, denying benefits after being approved, and the application of the MAAS cure to this
  • 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 to survive MassHealth challenges
  • The difference between a look back period and a penalty period and permitted transfers
  • Review of annuity rules for married couples and single folks, what happens when healthy spouse dies prior to sick spouse, and MassHealth challenges to the designated beneficiary rules
  • Whether personal care contracts are permissible and how to draft them effectively
  • The two 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 review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques, irrevocable trusts, and nominee realty trusts
  • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts
  • What are countable and non-countable assets

Materials

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

CEU .4



The Foundation for Continuing Education

Medicaid Planning Update - 2019

Register Now

DESCRIPTION:

So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard.

The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges.

This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need.

Date: FRIDAY, April 26, 2019
Time: 9:00 AM - 1:00 PM

Location: Marriott Courtyard, 10 Campanelli Drive, Andover, MA

Speaker
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Agenda

  • Explore MassHealth's latest trick, denying benefits after being approved, and the application of the MAAS cure to this
  • 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 to survive MassHealth challenges
  • The difference between a look back period and a penalty period and permitted transfers
  • Review of annuity rules for married couples and single folks, what happens when healthy spouse dies prior to sick spouse, and MassHealth challenges to the designated beneficiary rules
  • Whether personal care contracts are permissible and how to draft them effectively
  • The two 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 review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques, irrevocable trusts, and nominee realty trusts
  • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts
  • What are countable and non-countable assets

Materials

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

CEU .4


Massachusetts Continuing Legal Education

Medicaid and Healthcare Planning Update 2019

Strategies for Long-Term Care and MassHealth eligibility

DESCRIPTION:

So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard.

The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges.

This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need.

To attend please register with MCLE [email protected] 800-966-6253

Co-Chair
Leo J. Cushing, Esq., CPA, LL.M., Cushing & Dolan, P.C., Waltham
Todd E. Lutsky, Esq., Cushing & Dolan, PC, Waltham

Faculty
Lisa M. Neeley, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester
Rebecca J. Benson, Esq., Margolis and Bloom, LLP, Boston

In-Person Program
Date: THURSDAY, May 9, 2019
Time: 9:30 AM - 12:30 PM
Location: MCLE Conference Center, Ten Winter Place, Boston

Live Webcast
Date: THURSDAY, May 9, 2019
Time: 9:30 AM - 12:30 PM

Recorded Webcast
Date: THURSDAY, May 23, 2019
Time: 2:00 PM - 5:00 PM

Agenda

  • Overview of basic Medicaid eligibility rules and explore MassHealth's recent trick denying benefits after receipt of an approval and the application of the MAAS decision
  • Complete overview of permissible transfer rules, last minute techniques to obtain MassHealth benefits, and the latest challenges on such techniques from caretaker child to sole benefit trusts
  • Review of the annuity rules for married couples and single folks and MassHealth's challenges to designated beneficiary rules as well as what happens if the healthy spouse dies before the sick spouse
  • Review of recent cases challenging irrevocable trusts and nominee realty trusts
  • Exploring drafting tips for irrevocable trust to survive MassHealth challenges
  • "Ask the Experts" Q&A Session

Material

The materials for this program are available online only and can be viewed or downloaded via the link emailed to you prior to the course.

Also, there is no need to take extensive notes. Two weeks after the live seminar, all registrants receive a link to a written verbatim transcript of this program.

CLE Credits: 3 substantive credits, 0 ethics credits


The Foundation for Continuing Education

Medicaid Planning Update - 2019

Register Now

DESCRIPTION:

So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard.

The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges.

This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need.

Date: FRIDAY, May 31, 2019
Time: 9:00 AM - 1:00 PM
Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760

Speaker
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Agenda

  • Explore MassHealth's latest trick, denying benefits after being approved, and the application of the MAAS cure to this
  • 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 to survive MassHealth challenges
  • The difference between a look back period and a penalty period and permitted transfers
  • Review of annuity rules for married couples and single folks, what happens when healthy spouse dies prior to sick spouse, and MassHealth challenges to the designated beneficiary rules
  • Whether personal care contracts are permissible and how to draft them effectively
  • The two 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 review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques, irrevocable trusts, and nominee realty trusts
  • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts
  • What are countable and non-countable assets

Materials

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

CEU .4


The Foundation for Continuing Education

Estate Planning Essentials: Fed and Mass Issues (706 & M706)

Register Now

DESCRIPTION:

The Tax Cuts and Jobs Act of 2018 has introduced a variety of new planning opportunities - it is all about the basis. Massachusetts however continues to limit its exemption to $1,000,000. In this program we will guide you through the proper preparation of federal and state estate tax returns as well as any necessary gift tax returns including a discussion of the pros and cons of the portability election and how it works, the QTIP election for the state, and even the potential benefits of a federal QTIP election. Using a hypothetical example we will guide you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with an explanation of the different estate planning techniques you may encounter when preparing these returns as well as whether they are included in the estate or not, such as revocable trusts, 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. So sharpen your pencil and come to this hypothetical-packed session ready to "do the math."

Date: TUESDAY, June 11, 2019
Time: 9:00 AM - 1:00 PM
Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760

Speaker
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Agenda

  • Filing Release of Liens, General Information, and Elections
  • Real Estate - Schedule A
  • Stocks and Bonds - Schedule B
  • Mortgages, Notes and 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 and Annuities - Schedule I
  • Deductions: Admin. Expenses, Debts and 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 and G
  • Hypothetical Problem and Federal and State Computations in Detail
  • Questions and Answers

CEU .4


Boston Tax Institute

Estate Planning Essentials: Fed and Mass Issues (706, 709 & M706 Workshop)

DESCRIPTION:

The Tax Cuts and Jobs Act of 2018 has introduced a variety of new planning opportunities - it is all about the basis. Massachusetts however continues to limit its exemption to $1,000,000. In this program we will guide you through the proper preparation of federal and state estate tax returns as well as any necessary gift tax returns including a discussion of the pros and cons of the portability election and how it works, the QTIP election for the state, and even the potential benefits of a federal QTIP election. Using a hypothetical example we will guide you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with an explanation of the different estate planning techniques you may encounter when preparing these returns as well as whether they are included in the estate or not, such as revocable trusts, 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. So sharpen your pencil and come to this hypothetical-packed session ready to "do the math."

To attend please register with Lucian Gauthier at [email protected]

Date: THURSDAY, June 20, 2019
Time: 8:00 AM - 5:00 PM
Location: Hyatt House, Waltham, 54 Fourth Avenue, Waltham, MA, 02451

Speakers
Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham
William A. Morgan, Esq., LL.M., Cushing & Dolan, P.C., Waltham

Agenda

  • Filing Release of Liens, General Information, and Elections
  • Real Estate - Schedule A
  • Stocks and Bonds - Schedule B
  • Mortgages, Notes and 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 and Annuities - Schedule I
  • Deductions: Admin. Expenses, Debts and 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 and G
  • Hypothetical Problem and Federal and State Computations in Detail
  • Questions and Answers

Massachusetts Association of Accountants

Estate & Gift Tax Planning

DEMYSTIFYING AND PLANNING WITH TRUSTS

DESCRIPTION:

  • Revocable v. Irrevocable Trusts;
  • Irrevocable Gifting Trusts v. Irrevocable Medicaid Trusts;
  • Generation Skipping Trusts v. Domestic Asset Protection Trusts;
  • Simple Trusts, Complex Trusts, and Grantor Trusts;
  • General Power of Appointment Trusts v. Qualified Personal Residence Trusts (QPRTs);
  • Qualified Subchapter S Trusts (QSSTs) v. Electing Small Business Trusts (ESBTs); and
  • Grantor Retained Annuity Trusts (GRATs) v. Qualified Personal Residence Trusts v. an Irrevocable Home Security Trust.

If it all seems a bit confusing, come to this seminar to understand the differences between these trusts, including a discussion of the estate, gift, generation skipping and basis step-up benefits and burdens of each trust.

Speakers:
Leo J. Cushing, Esq., CPA, LLM

Date: TUESDAY, June 25, 2019
Time: 8:30 AM - 4:30 PM
Location: The John Carver Inn & Spa 25 Summer Street Plymouth, MA 02360

To attend please register with Maria Burns [email protected] 781-246-7788

CPE Credits: 8 substantive credits, 0 ethics credits