In this presentation, we will discuss how to draft what are sometimes referred to as “Medicaid Asset Protection Trusts,” or “MAPTs.” In InterActive Legal’s Elder Law Planning, the trusts we refer to as the “Income Only Trust” and the “Children’s Trust” can each be used as a MAPT. The different drafting options in each of these trusts will be explained, and we will consider why certain options might be selected in certain situations. We will cover the income tax planning options in these trusts, including options for preserving the step-up in basis for trust assets and the capital gain exclusion for sales of personal residences (which are often transferred into MAPTs). Finally, we will review using a joint MAPT (one trust created by both Husband and Wife, as grantors), and the issues involved.
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Teresa Bush joined InterActive Legal in 2007 and serves as Director of Education and Support Services.
Ms. Bush has been licensed to practice law since 1991, and focused her practice exclusively on issues of estate and gift tax planning, probate, charitable planning, and estate and trust administration. She began her practice in a small law firm, planning for clients of all levels of wealth. Thereafter, she practiced for a number of years in the Tax Section of Kelly, Hart and Hallman, P.C. in Fort Worth, Texas, and as an estate and gift tax consultant for the Dallas office of Ernst & Young, in both cases focusing on planning for very high net worth clients.
Ms. Bush received her J.D. from the University of Texas School of Law, where she was a research assistant for Professor Stanley M. Johanson. She studied at Edinburgh University and the London School of Economics prior to obtaining a B.A. in Economics and Political Science from Rice University in Houston. While studying abroad, she worked as an intern for a Member of Parliament in the British House of Commons.
Ms. Bush taught legal research and writing as a Teaching Quizmaster in law school, and later taught estate planning extension courses for American College of Financial Services CLU candidates. She has presented several online webinars on estate planning and drafting topics, and is the author or co-author of a variety of estate planning articles.
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