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THE INTERACTION BETWEEN A PERSONAL INJURY ATTORNEY AND AN ELDER & DISABILITY LAW ATTORNEY

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister] In settling a personal injury case, a number of issues arise where an Elder and Disability Law Attorney may be useful to the Personal Injury attorney.  Frequently, the Elder and Disability Law Attorney works with Corporate Trustees, Structured Settlement Brokers, Financial Advisors, Care…

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THE EFFECT OF THE SLAYER’S ACT ON PERSONAL INJURY CASES

by Thomas D. Begley, Jr., Esquire, CELA Occasionally, a personal injury case arises out of the intentional killing of one person by another.  Frequently, the killer is a family member of the decedent.  Under the Wrongful Death Act, normally the survival claim is paid to the estate of the decedent.  If there is a Will, the Will frequently…

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PERSONAL INJURY SETTLEMENTS AND SPECIAL NEEDS TRUSTS: SETTING CLIENT EXPECTATIONS

by Thomas D. Begley, Jr., Esquire, CELA   If a client receiving a personal injury settlement also receives certain public benefits such as SSI and many forms of Medicaid, a Special Needs Trust is required to preserve those benefits.  Special Needs Trusts entail restrictions and a small minority of clients would rather give up their…

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PLANNING FOR INDIVIDUALS WITH SPECIAL NEEDS PART 4

by Thomas D. Begley, Jr., CELA General This is the fourth part of a five-part series dealing with planning for individuals with special needs.  Part 1 discussed the reasons to establish a trust.  Part 2 discussed Self-Settled Special Needs Trusts (SSSNTs).  Part 3 discussed Third Party Special Needs Trusts (TPSNT).  This article will focus on…

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