On Demand
Audio
Nuts & Bolts of Medicaid Asset Protection Trusts in New York
Produced on June 05, 2018
Course Information
Course Description
The substantial cost of long-term care can rapidly deplete the assets of even middle-class and upper-class families. The Medicaid program can cover or contribute to the cost of long-term care for individuals in need of care who meet the financial eligibility requirements. Individuals with assets that render them ineligible for Medicaid can engage in asset protection planning to qualify for Medicaid benefits, while also preserving assets for their family. The Medicaid Asset Protection Trust (“MAPT”) is a crucial planning tool to assist individuals and their family members in protecting assets, and is commonly used to protect the family home and other assets.
Lissett Ferreira, Esq., and Tamara Stack, Esq., cover the essentials of understanding MAPTs in New York, and how to effectively utilize them to maintain an individual’s eligibility for government benefits.
Learning Objectives:
- Examine the eligibility requirements for Medicaid long-term care benefits
- Identify clients who may benefit from a Medicaid Asset Protection Trust (“MAPT”)
- Become familiar with the basic legal requirements for MAPTs to be effective to preserve an individual’s eligibility for government benefits
- Develop best practices and pitfalls to avoid when using MAPTs as a Medicaid planning tool
- Explore the mechanics of how to establish and administer the MAPT
Credit Information
Faculty
Lissett Ferreira
Meenan & Associates, LLC
Lissett serves as the chair of the firm’s Elder Law and Family Law & Divorce practice groups, with a particular emphasis on guardianship, Medicaid, divorce, and prenuptial/marital agreements.
Prior to entering private practice, Ms. Ferreira served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and thereafter in an Article 81 guardianship part. In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law.
Lissett serves as the chair of the firm’s Elder Law & Special Needs and Family & Divorce Law practice groups, with a focus on guardianships, Medicaid, divorce, and prenuptial/marital agreements.
Prior to entering private practice, Lissett served for nearly a decade as a senior court attorney for a New York State Supreme Court judge, first in a matrimonial part, and thereafter in an Article 81 guardianship part. In that capacity, she was involved in hundreds of matrimonial and guardianship matters, developing unparalleled insight and breadth of knowledge in these highly specialized areas of the law.
In private practice, Lissett continues to focus on guardianship-related matters and litigation, including representing petitioners filing Article 81 guardianship proceedings, and assisting clients with Medicaid and Medicaid planning. Lissett is certified under Part 36 of the Rules of the Chief Judge to serve as court evaluator, counsel to guardian, guardian ad litem, and counsel to an Alleged Incapacitated Person. She also serves as a trustee of several special needs trusts.
Lissett also assists clients with developing and implementing proper estate and special needs planning, helping clients with wills, powers of attorney, health care proxies, living wills, guardianship designations and all manners of trusts.
Having had an inside view of hundreds of highly contested divorce cases in court, Lissett is committed to helping her family and matrimonial law clients fairly resolve their differences in the first instance without having to go to court. Lissett’s matrimonial and family law practice focuses on advising and assisting individuals negotiating marital agreements, including pre-nuptial, post-nuptial, separation and divorce settlement agreements. For those cases where court is unavoidable, Lissett brings her unique perspective and experience as a former court attorney in a matrimonial part. Whether in or out of court, Lissett is a fierce advocate for the rights of her family and matrimonial law clients.
Lissett lectures widely on matrimonial, elder law and special needs issues for bar associations, Continuing Legal Education providers and the community at large. She also serves in leadership positions in various bar associations. For example, Lissett has lectured on guardianships for the New York Women’s Bar Association, where she serves on the Board and as co-chair of the Elder Law & Disabilities Committee; the New York State Bar Association; and the New York City Bar Association, where she also chairs a Lawyers’ Networking Group.
Tamara Stack
Law Offices of Stack & Associates, PLLC
Tamara L. Stack concentrates her practice in Elder Law and Trusts & Estates law. Ms. Stack’s firm provides professional services in Elder Law matters, including but not limited to Medicaid Planning and applications for home care and nursing home care, asset protection, disability matters, and guardianships. The firm is equally experienced in Trusts & Estates Law, providing services in estate planning; drafting Wills and revocable, irrevocable and disability trusts; and estate and trust administration.
The firm also offers services in Corporate Law and Real Estate Law, providing services such as negotiating contracts, drafting a variety of agreements, and transferring property. In addition, Ms. Stack is knowledgeable about tax matters, including personal, estate, and trust taxes.
Ms. Stack has been a guest lecturer for multiple organizations and events, speaking on Elder Law matters and Trust & Estate issues.
Ms. Stack is admitted to practice in the States of New York, Florida, and Massachusetts. She is a member of the New York State Bar Association, the New York City Bar Association, The Florida State Bar Association, and the National Association of Elder Law Attorneys.
Reviews
Informative and well presented.
Very informative Highly recommend
Very good. Thanks!
Great course; both presenters were knowledgeable
interesting and clear
thanks
Thank you.
Thanks
This was very informative and made me think about my own planning. A lot of information to absorb but it was presented very clearly. The presenters were very knowledgeable and provided practical advice based on their professional experience. I would recommend this.
Comprehensive and practical
This course provided just what the title states "nuts and bolts" for Medicaid and Medicare. As someone who has very limited knowledge of these two financial resources, this course was instrumental in providing a working foundation within which to build upon. Lissett conveyed a roadmap for a person to avail themselves of these resources while protecting assets in a way that was clearly understood.
Informative and well presented by experts in the field.
very informative
Excellent presenter
Very informative presentation
Both attorneys were informative on the subject matter and presented helpful material for me as a practitioner.
Good primer course
Interesting and insightful information that I can utilize
Good CLE
I knew the course material would be helpful based on the nature of my practice, but I was very surprised by how much I enjoyed it. Especially the first half.
Good
Both lecturers were very knowledgeable. I very much appreciated Tamara's professional tips and advice that was suited for use in practice.
Great!
This is a very good course.
Keep up the good job
all in all a well organized run through on MAPTs and Grantor trusts.
Informative.
Excellent program!
Awesome practice tips ⭐️⭐️⭐️⭐️⭐️
Having two presenters made it more interesting.
Very informative.
Excellent program. Thank you.
The material was very informative and clearly presented.
Excellent -both were knowledgeable
Extremely informative.
Very good presenters. Really knew their subject matter.
,very informative
Good summary of “need to know” planning information.
Excellent program on an often challenging topic with helpful practical guidance on best practices.
Good and very useful information. Thank you!
Great topic. This clarified questions I've had over the years that nobody ever seemed to be able to explain succinctly. Well done!!
Very good presentation
Great job. Two true experts in the subject. Thanks!!!
good
EXTREMELY knowledgeable faculty!!
Well prepared and presented by both attorneys
Great program
VEry effective course. Both speakers presented very complex material in a clear manner with practical usage in mind.
Very good!
IT WAS A PLEASURE TO LISTEN TO THESE TWO COMPETENT PRACTITIONERS.
Enjoyed the speaker.
Lots of substance. Very informative.
Good
Done very well.
The transcript is very useful.
very good presentation.
Excellent presentation. Knowledgeable speakers