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Event Details

Advanced Document Drafting for the Elder Law Attorney (BUFF)

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Date:
Thursday, November 14, 2013
Time:
9:00 AM - 5:00 PM Eastern Standard Time

Description

Co-sponsors:

Elder Law Section
Committee on Continuing Legal Education

7.0 MCLE Credits
Note: Newly admitted attorneys (less than 24 months) cannot receive MCLE credit for this program.


This program will provide the elder law practitioner with an advanced discussion of drafting techniques for a variety of legal documents utilized in connection with representing the elder law client. As you will note in the program agenda, a full range of documents, and their suitability for different clients and situations, will be discussed by the experienced elder law practitioners on the faculty.

Not only will the program provide document samples, but each document will be analyzed, and its purpose and use explained to maximize the benefit of the document's intended purpose.

Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00-10:15
I. DRAFTING REVOCABLE TRUSTS AND WILLS IN THE ELDER LAW CONTEXT
Will and Trust provisions to address disabled beneficiary's elective share; how family relationships and long-term health concerns affect dispositive decision making; estate, gift and income tax issues; credit shelter trusts; disclaimer trusts; married couples v. single individuals; pour over wills.

10:15-10:30
Coffee Break
10:30-11:20
II. PROBLEMS / BENEFITS OF NEW POA STATUTE THREE YEARS LATER
Sample Modifications to the Statutory Document; Gift Rider or not?; discussion of powers of particular relevance in an elder law context; acceptance of power of attorney by financial institutions; when gifts are in the best interest of the principal; fiduciary responsibility of the agent.

11:20-12:35 p.m.
III. DRAFTING IRREVOCABLE TRUSTS
Advantages of trust v. outright transfer; advantages of trust v. retention of a life estate; acceptable Medicaid language (e.g. limited power of appointment v. unlimited general power of appointment); basis issues; capital gains exclusion; senior citizen tax exemptions; drafting issues regarding purpose of trust - for Medicaid vs. for VA purposes and differences in language/requirements for each type.

12:35-1:50
LUNCH (on your own)

1:50-2:40
IV. MISCELLANEOUS DRAFTING ISSUES: FROM PROMISSORY NOTES TO CAREGIVER CONTRACTS TO COST BASIS OF GIFTED ASSETS: MISTAKES NOT TO MAKE
Applicable ADM regarding DRA compliant provisions for Notes; ADM regarding caregiver contracts; tax considerations of same; family agreements- including "reimbursement agreements"; sample forms

2:40-2:55
Coffee/Soft Drink Break

2:55-3:45
V. BASIC OVERVIEW OF ESTATE DISCOUNT VEHICLES: FLPs, CRTs, etc.
When to use discount vehicles; what works and what does not; understanding applicable IRC provisions; QPRTs, LLC and FLPs; what assets should be used; how much control does the Grantor have? IRC Section 2036 estate inclusion; traps and tricks.

3:45-4:35
VI. DRAFTING SUPPLEMENTAL NEEDS TRUSTS
Third-party supplemental needs trusts; Self-settled under 65 payback trusts; what can the trust pay for; testamentary vs. inter-vivos; revocable vs. irrevocable; Medicaid/SSI provisions; choosing the right trustee, corporate/individual; trusts "to or for the sole benefit" of a disabled individual; relevant Social Security POMS provisions

4:35 p.m.
ADJOURNMENT


Buffalo Chair and Moderator

Kameron K. Brooks, Esq.
Brooks & Brooks, LLP
Little Valley
 

Speakers (in alphabetical order)

Lisa J. Allen, Esq.
Schop, Powell & Allen
Williamsville

Kameron K. Brooks, Esq.
Brooks & Brooks, LLP
Little Valley

Charles W. Beinhauer, Esq.
Pfalzgraf Beinhauer & Menzies LLP,
Buffalo

Dawn M. Myszka, Esq.
Attorney at Law
Buffalo

Bruce D. Reinoso, Esq.
Magavern Magavern Grimm LLP
Buffalo

Edward C. Robinson, Esq.
Hurwitz & Fine, P.C.
Buffalo
 

Coursebook Authors (in alphabetical order)


JulieAnn Calareso, Esq.
Burke & Casserly, P.C.
Albany

David Goldfarb, Esq.
Goldfarb Abrandt Salzman & Kutzin LLP
New York City

Sharon Kovacs Gruer, Esq.
Sharon Kovacs Gruer, P.C.
Great Neck

Avi Z. Kestenbaum, Esq.
Meltzer, Lippe, Goldstein & Breitstone, LLP
Mineola

Michael E. O’Connor, Esq.
DeLaney & O’Connor, LLP
Syracuse

Joan L. Robert, Esq.
Kassoff, Robert & Lerner, LLP
Rockville Centre

 

Program Planning Co-Chairs

Ronald A. Fatoullah, Esq.
Ronald Fatoullah & Associates
Great Neck

Laurie L. Menzies, Esq.
Pfalzgraf, Beinhauer & Menzies, LLP
Buffalo


 

ECM_LogoELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the "Save As" option under your "File" tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

From Buffalo-Niagara Int'l Airport: Exit the airport onto Rt. 33W and continue to the 90E. Take exit 50, Rt. 290W. Exit on Niagara Falls Blvd. exit 3 turn right.From the Canadian Border: (Peace Bridge) Take the 190N to the 290E to exit 3B, Niagara Falls Blvd. N (Rt. 62). Our hotel is just past the overpass on the right.From Niagara Falls Canada: (Rainbow Bridge) Take the 190S to the 290E to exit 3B, Niagara Falls Blvd. N (Rt 62). Our hotel is just past the overpass on the right.From the NYS Thruway (90) E or W: Exit 50, Rt. 290 W to exit 3, Niagara Falls Blvd. Turn right at the signal and right again into our parking lot.

Reg: 8:30 a.m. Program: 9:00 a.m. - 5:00 p.m.
THIS PROGRAM IS NEW YORK MCLE APPROVED FOR ALL ATTORNEYS, OTHER THAN THOSE WHO ARE NEWLY ADMITTED (LESS THAN 24 MONTHS). IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
Holiday Inn Amherst
1881 Niagara Falls Blvd.
Amherst, NY 14228
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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