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PENNSYLVANIA WRONGFUL DEATH CLAIM BASED ON THE DEATH OF A NEW JERSEY RESIDENT

by Thomas D. Begley, Jr., Esquire, CELA Questions frequently arise in cases involving wrongful death where the injury and cause of action occurred in Pennsylvania (“PA”) resulting in the death of a New Jersey (“NJ”) resident.  The underlying issue is often which state law applies.  The answer is that both states’ laws apply to different…

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SPECIAL NEEDS PLANNING – PART 3

by Thomas D. Begley, Jr., Esquire, CELA [Here are links to Part 1 , Part 2 and Part 4] Features of a Special Needs Trust Enriches Our Child’s Life. By establishing the Special Needs Trust, the funds in the trust can be used to enrich the child’s life while at the same time maintaining important…

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GALLARDO V. MARSTILLER: ARE THERE MEDICAID SET-ASIDES IN OUR FUTURE?

By Thomas D. Begley, Jr., CELA and Emily Schurr Background             In the case of Gallardo v. Marstiller, U.S. Supreme Court No. 20-1263 (June 6, 2022), Gianinna Gallardo, a thirteen-year-old girl, sustained a permanent disability when she was struck by a truck as she stepped off of her Florida school bus.  She has been in…

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SPECIAL NEEDS PLANNING – PART 2

by Thomas D. Begley, Jr., Esquire, CELA [Here are links to Part 1 , Part 3 and Part 4 .] An important tool in Special Needs Planning is a Special Needs Trust.  This is the fifth tool in the toolbox mentioned in Part 1. Special Needs Trust. A Special Needs Trust is a trust created…

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