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TYPES OF TRUSTS IN PERSONAL INJURY RECOVERIES

by Thomas D. Begley, Jr., Esquire, CELA There are five types of trusts generally used in cases involving personal injury recoveries.  The type of trust to be selected depends on the plaintiff’s situation.  The types of trusts and when to use them are as follows: Settlement Protection Trust.     The Settlement Protection Trust is simply…

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ASSET PROTECTION STRATEGIES: HOW TO PROTECT YOUR ASSETS FROM CLAIMS OF CREDITORS

by Thomas D. Begley, Jr., CELA Clients are often concerned about protecting their assets from claims of creditors.  This is particularly true of clients who are professionals or business owners.  However, many others may be concerned about asset protection.  For example, persons who own rental real estate.  There are a number of strategies that are…

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Pennsylvania Court Reaffirms Strict Compliance Standard for Power of Attorney Execution

            Pennsylvania has stringent execution requirements for General Powers of Attorney (those not related to healthcare decision-making). The principal must sign the document in front of two witnesses and a notary. The law also explicitly requires all Power of Attorney documents to have the statutory Notice affixed to it, and signed by the principal; without…

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COUNSELING SESSION WITH PLAINTIFFS AND FAMILIES AFTER A PERSONAL INJURY RECOVERY

by Thomas D. Begley, Jr., Esquire, CELA A counseling session should be held with all of the important players to identify immediate cash needs, develop a budget, design the plan of distribution, and begin the process of managing expectations. One of the most significant discussions will be how long the trust is expected to last….

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