About Martin H. Cohen

HomeAbout Martin H. Cohen

Education 

  • B.A., 1968, Cornell University
  • J.D. (with honors), 1972, University of Florida College of Law
    • Member of Law Review Editorial Board
    • Book Award for Highest Grade in Evidence
    • Book Award for Highest Grade in Corporate Taxation Law
  • LL.M. in Taxation, 1978, University of Miami School of Law

Awards 

 Military Service 

  • U.S. Naval Reserve (1968-1974)

 Courts & Administrative Agencies

  • All Florida State Courts, U.S. Supreme Court, U.S. Tax Court, U.S. District Court for the Southern District of Florida

 Professional Activities 

  • The Florida Bar, since 1972
  • 2010 – 2011 Chair, Tax Committee of The Florida Bar Elder Law Section
  • 2010-2011 Member, Florida Bar Elder Law Section Executive Council
  • 2008-2009 Chair, Subcommittee on Federal Taxation of the Special Needs Trusts Committee of The Florida Bar Elder Law Section
  • Formerly member of the following Elder Law Section committees: Special Needs Trusts, Abuse, Neglect and Exploitation, Medicaid, and Estate Planning
  • 2009-2011  Member, West Broward Estate Planning Council Board of Directors
  • 2005-2006, Member, Florida Bar Special Committee on Website Advertising Rules
  • 2001-2002, Member, Technology Task Force of The Florida Bar, a state-wide panel of attorneys and judges organized to bring technology to The Florida Bar and Florida Attorneys
  • 2001-2002,  Chair, Website Design Subcommittee of the Technology Task Force of the Florida Bar and  liaison to The Florida Bar Member Benefits Committee
  • 2000-2002, served on the Member Benefits Committee of the Florida Bar, as a member of its Subcommittee on Insurance and Chair of its Subcommittee on Technology

 Interviews: 

  • WPLG-TV on October 16, 2006: Mr. Cohen was interviewed regarding the risks of elderly parents transferring property to their children.
  • WSRadio.com on October 11, 2003: Mr. Cohen was interviewed on Jacqueline Marcell’s Internet radio program, “Coping with Caregiving”  regarding Financial Exploitation of Seniors. Jacqueline is the author of “Elder Rage, or Take My Father… Please! How to Survive Caring for Aging Parents”
  • Quoted in article entitled “Special Needs Trusts” published in National Underwriter Life & Health, February 2012.

 Presentations to Attorneys  

  • “Tax Issues for the Elder Law Attorney” at the 2007, 2008, 2009, 2011 and 2012 Florida Bar Elder Law Board Certification Review Courses; Mr. Cohen’s written materials were included in the 2010 and 2013 course manuals.
  • “Estate Tax Reform” at the 2010 Florida Bar Elder Law Section Retreat
  • “Trusts for your Disabled Client” on November 5, 2009 at the Northern Trust Attorney/CPA Round Table Lunch at the Coral Ridge Country Club, Fort Lauderdale, Florida.
  • “Trusts for your Disabled Client”  on October 16, 2009 at the  quadrennial Broward County Bench-Bar Convention.
  • “Special Needs Trusts for Estate Planners” to the West Broward Estate Planning Council on September 1, 2009 at the Weston Hills Country Club.
  • “Irrevocable Trusts: A Planning Priority in a Post DRA Environment,” a live teleconference for the Academy of Florida Elder Law Attorneys on June 30, 2008.
  • “Medicaid Update” to the West Broward Estate Planning Council on May 6, 2008 at the Weston Hills Country Club.
  • “What Estate Planning Attorneys and CPAs Need to Know About the Deficit Reduction Act” at the Northern Trust Attorney/CPA Round Table Lunch on May 1, 2008 at the Coral Ridge Country Club, Fort Lauderdale, Florida.
  • “Ethics and Estate Planning,” and “Planning Methods to Control Medical Treatment” at a program entitled Drafting Effective Wills and Trusts on April 19, 2007, sponsored by National Business Institute. The program provided continuing education for Attorneys, Certified Public Accountants, Guardians, Bankers, and Certified Financial Planners.
  • “What Estate Planning Attorneys and CPAs Need to Know About the Deficit Reduction Act” at the Northern Trust Attorney/CPA Round Table Lunch on April 7, 2006 in Weston, Florida.
  • “Special Needs Trusts- Avoiding Malpractice for Personal Injury and Estate Planning Attorneys ” and “Medicaid II – Guiding Families Who May Need Government Assistance” at the 2005 Broward County Bench-Bar Convention.
  • “Asset Protection for Seniors,” ” Long Term Care Facilities – Cost of Care and Funding Sources,” and “Insurance to Fund Long-Term Care Costs” at a continuing legal education program entitled Elder Care in Florida: Legal and Financial Issues on July 30, 2004 sponsored by National Business Institute.
  • “Planning for Disability, including Health Care Advance Directives” at a program entitled Fundamentals of Estate Planning Law and Practice in Florida, on January 13, 2004, a continuing legal education program sponsored by Sterling Education Services, LLC.
  • In October 2001, Mr. Cohen presented a continuing legal education program entitled “Bullet-Proof Your Retirement Plan – Tax Favored Asset Protection from the Risk and Escalating Costs of Long Term Care” to the B’nai B’rith Justice Unit.
  • In April 2001, Mr. Cohen presented a continuing legal education course to the Miami Beach Bar Association entitled “Long Term Care – The Risk and Tax-Favored Solutions.”

Presentations to Non-Attorneys

  • “Medicaid Issues for Baby Boomers” at the 2011 South Florida Financial Planners Association Annual Conference, Fort Lauderdale.
  • “How Seniors Can Protect Themselves from Abusive Marketing of Annuities and Trusts”  at The Florida Club at Century Village, Pembroke Pines  on March 10, 2004.
  • “How Seniors Can Protect Themselves from Abusive Marketing of Annuities and Trusts”  to The Mainlands of Tamarac, Section 5 on April 13, 2004.
  • “Elder Law Practice – Doing Well by Doing Good” to law students and faculty affiliated with the Health Law Society of Nova Southeastern University Shepard Broad Law Center November 10, 2003.

 Community Service 

  • 2000-2011, B’nai B’rith International. Member, Board of Directors of the B’nai B’rith Justice Unit #5207 in Broward County. Previously Mr. Cohen served for several years as Vice-President of Communications for the unit, during which time he established the use of e-mail communications, handled publicity, including press releases for the unit, produced a newsletter , and built and maintained a comprehensive website for the unit.  While serving as Vice-President of Programming in 2004, he arranged and moderated a unique judicial candidates forum in an election where there were 19 contenders for 7 Broward County Circuit Court and County Court seats.
  • Featured speaker at SHINE program meetings. (SHINE stands for Serving Health Insurance Needs of Elders, a volunteer program of The Florida Department of Elder Affairs.)
  • Featured speaker at Century Village, Boca Raton, B’nai B’rith Unit on charitable estate planning.
  • Keynote speaker at the B’nai B’rith Woodlands Unit Annual Installation on charitable estate planning.

 Selection of Mr. Cohen’s  reported appellate cases

  •  Horne v. Markham, 288 So.2d 196 (Fla. 1973). Mr. Cohen successfully defended a constitutional attack on the Florida Homestead Tax Exemption, both in the trial court and in the Florida Supreme Court.
  •  Markham v. Maccabee Investments, Inc., 343 So. 2d 16 (Fla. 1977).  In Florida Supreme Court, Mr. Cohen successfully reversed District Court of Appeal’s grant of a property tax exemption to a private for- profit business operated on real estate leased by a municipality. 
  •  Maniscalco v. Hollywood Federal Savings and Loan, 397 So. 2d 453 (Fla. 4th DCA  1981).  Mr. Cohen successfully overturned a lender’s foreclosure and recovered  a family home after it was sold at a foreclosure auction and title was issued to an investor.  The lender’s actions were held to deprive homeowner of  his equity of redemption in a manner that violated his constitutional due process rights. The case has been cited by numerous Florida and Federal treatises.