Practice Area Listings

Description
Exp Listing (1) - Long Term Care, Continuum of Care 50 hrs
Exp Listing (10) - Probate, Trust, Admin of Estates 15 hrs
Exp Listing (11) - Fiduciary Services 15 hrs
Exp Listing (12) - Tax Planning 15 hrs
Exp Listing (13) - Guardianship/Conservatorship 15 hrs
Exp Listing (2) - Disability Planning 20 hrs
Exp Listing (3) - Medicaid Planning 50 hrs
Exp Listing (6) - Veterans Benefits (VA Accredited)
Exp Listing (8) - Wills, Trusts & Powers of Attorney 50 hrs
Exp Listing (9) - Retirement Planning 15 hrs

Chapter Memberships

Description
Kansas Chapter
Missouri Chapter
Wisconsin Chapter

Additional Locations

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There are no records.

Committee Memberships

Description
Federal Advocacy Committee
Kansas Chapter
Missouri Chapter
Practice Development/Manag Section Committe
State Advocacy
Tax Section Dues
Trust and Special Needs Trusts Section Dues
WI Legislative Litigation Group
Wisconsin Chapter
Wisconsin Chapter Board
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About Practice
Attorney Mark Munson is a natural born advocate. He’s motivated to have a meaningful, positive impact on the lives of every client and their families. Mark’s skillset and experience allows families to focus on caring for one another while he tirelessly works on getting them the legal results, outcomes, and benefits that they’re entitled to receive. He focuses his practice in the areas of elder law, public benefits (including special needs trusts), estate and trust planning, and taxation. Mark regularly advises clients in the areas of asset protection and medical assistance eligibility as well as probate and estate administration, trust administration, and guardianship. Mark is a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation, the only organization accredited by the American Bar Association for the certification of elder law attorneys in the United States.
Biography
Mark Munson principally advises clients in the areas of elder law, public benefits (including special needs trusts), estate and trust planning, and taxation. Mark regularly advises clients in the areas of asset protection, Medicaid planning, and Medicaid eligibility. He also counsels business owners on issues concerning enhanced creditor protection and limited liability. Mark also assists clients with probate and estate administration, trust administration and guardianship. In addition, Mark is an Accredited Attorney with the Veterans' Administration. Mark is a Certified Elder Law Attorney ("CELA") by the National Elder Law Foundation, as accredited by the American Bar Association.
Additional Languages Spoken

Articles/Seminars

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Paying Retirement Benefits To Trusts (2021)This webinar covers the legal provisions regarding paying retirement benefits to trusts as a result of the SECURE Act. Learn what has changed since the Act was implemented, what stayed the same, and how this could affect your clients.
Trusts Section: Paying Retirement Benefits to Trusts After the SECURE ActThis article examines the legal provisions regarding paying retirement to trusts that were unchanged and those that changed after enactment of the SECURE Act.
McMillan v. City of New York2013 U.S. App. LEXIS 4454 (2d Cir. March 4, 2013) - Summary Judgment For Employer Was Improper In ADA Case Brought By Schizophrenic Employee Seeking Reasonable Accommodations For Work Time Arrival (2nd Cir.)
The Current State of State Fiduciary Income TaxationFocuses on the the current status of state income taxation of trusts. This session assumes a basic understanding of federal and state fiduciary income taxation and is considered to be a mid-level to advanced session on fiduciary income tax concepts.
Practice Success Section: Designating Trusts as Beneficiaries of Retirement BenefitsHelping your clients make the right decisions when designating beneficiaries for an IRA.
Estate of Wiggins2013 WL 4039448 (August 9, 2013) - Medicaid Recovery Allowed From Estate of Surviving Spouse for Recipient’s Community Property Transmuted to Spouse (Idaho)
Trusts to Hold Retirement Funds, When Beneficiary Is A MinorThis session will address accumulation trusts v. conduit trusts and their effect on government entitlements for minors; providing for charities; intervivos v. testamentary; and irrevocable v. revocable.
Drafting to Avoid Future Medicaid & SSI ChallengesThis session will address drafting tips to avoid challenges from the state Medicaid agency and SSI for SNT's and other Medicaid planning documents including Promissory Notes and Personal Care Agreements. The emphasis would be avoidance of appeals, administrative hearings and potential court actions. Sample provisions will be included.
Paying Retirement Benefits To TrustsThis webinar is based on Mark Munson’s NAELA News Online article, “Paying Retirement Benefits to Trusts.”
The Three Essential Elements of Marketing CommunicationsHave you ever had to write copy for an office brochure or Web site and experienced the “blank page” syndrome?
Paying Retirement Benefits to TrustsConventional wisdom strongly suggests that paying retirement benefits, such as 401(k)s, 403(b)s, traditional individual retirement accounts (IRAs), and Roth IRAs, to a trust is a bad idea because it accelerates the payout period from a retirement ben
Using Microsoft Excel for IRA PlanningMany clients come to the estate planning/elder law attorney with large retirement accounts. In this session, attendees will learn how to use Microsoft Excel to create basic financial planning illustrations that show the value of retirement assets over time so that you can better advise clients on planning techniques to maximize their assets. Often, simply showing and explaining the illustrations to the client will increase utilization of trusts for preserving their retirement accounts. And who better to prepare those trusts than their trusted legal advisor and attorney.
Ex-Wife’s Legal Malpractice Action Regarding Unenforceable Community Property Agreement Was UntimelyIn 2002, Attorneys assisted appellant, Beth Lico, and her former husband, Steven Lico, in the preparation of an estate plan. As part of the plan, the Lico Family Revocable Trust was created. Appellant and Mr. Lico executed a Community Property Agreement (Transmutation Agreement), prepared by Attorneys, under which Mr. Lico’s separate property interests in his business entities were transmuted into community property interests in the Trust. This resulted in appellant holding a community property interest in the business entities. In 2006, appellant filed a petition for dissolution of marriage. In 2008, the dissolution court found the Transmutation Agreement unenforceable because, due to Attorneys’ omissions, Mr. Lico did not understand the legal effect of the estate planning documents he signed. In 2010, appellant filed a motion seeking an order that Mr. Lico pay the $120,000 in attorney fees and costs she had incurred in litigation regarding the Transmutation Agreement. Her motion was
Fiduciary RepresentationExplore representation of fiducaries, such as executors, administrators, trustees, guardians, conservators, attorneys-in-fact and agents in pursuant to health care proxies.
Not Just Another ReportThe Older Americans Act mandates who should be the targeted senior for the limited legal services provided with Title IIIB funds. Accountability based upon accurate and consistent data ensures that these goals are being met. It is through standardizing statewide reporting that such data can be collected to provide assurance that the target population is being served in the requisite priority subtantive areas with the limited dollars. Panel discussion of the needs for statewide stadardized reporting; the impact of legal needs assessments and surveys on reporting, both nationally and locally; steps to development of the forms; and sharing specific challenges and successes of two states.
Advising a Personal Representative or Trustee When an Estate or Trust Is theA client for whom you have recently prepared an estate plan comes back to see you to seek your advice because she has recently been appointed as personal representative of her great uncle's estate pursuant to his last will and testament.
Advising a Personal Representative or Trustee When an Estate or Trust Is the Beneficiary of RetiremeA client for whom you have recently prepared an estate plan comes back to see you to seek your advice because she has recently been appointed as personal representative of her great uncle’s estate pursuant to his last will and testament. One of the assets in her great uncle’s estate is his individual retirement account (IRA) because the beneficiary he designated to receive his IRA predeceased him and he neglected to name a secondary or contingent beneficiary. The only specific bequests identified in the will consist of tangible personal property. The IRA is worth $200,000 and there are four residuary beneficiaries.
Sophisticated Elder Law Tax and Estate Planning From Start to Finish Part 2Expanding on the discussions in Part 1, works through the drafting of the appropriate documents and provisions at an advanced level needed to effectuate the plan. Learn to analyze specific language designed to add flexibility while balancing the competing tax, retirement, care, asset protection and distribution goals, exploring where document language must be altered to work with your client's particular circumstances.
Wills, Trusts, and Estates: Back to BasicsWhether you recently graduated from law school or have been practicing for decades, perhaps it is time to review your skills. Do you remember the rules of ademption, the trust merger rules, the dependent relative revocation doctrine, specific vs. residual devise provisions, abatement of bequests, tax allocations clauses? Well, this is the time to refresh your memory when drafting documents and not necessarily merely filling in forms.
Understanding the 3.8% Net Investment Income Tax (NIIT) and Its Impacts on Individuals, Trusts and EThe Patient Protection and Affordable Care Act (P.L. 111-148) (as amended by the Health Care and Education Reconciliation Act of 2010 [Pub.L. 111-152]) enacted the 3.8% net investment income tax ("NIIT") for tax years beginning after 2012. Prior to the enactment of 3.8% NIIT, there has never been a tax implemented specifically on investment income. With the conclusion of the 2013 tax filing season and the payment of the 3.8% NIIT by clients, practitioners are increasingly appreciating the importance of understanding the calculation and application of the 3.8% NIIT.