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CHILDREN’S TRUSTS

by Thomas D. Begley, Jr., CELA A common Medicaid Planning strategy is to transfer assets to third parties, wait for the five-year lookback to expire and apply for Medicaid. If assets are transferred to children, there are certain risks to be considered. If the child is sued by a creditor, the assets transferred by the…

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Ethan Ordog to Make Presentation on Special Needs Trusts & Guardianships

This Thursday, May 26th, Begley Law Group partner Ethan J. Ordog, Esquire, in association with Advocates for Special Kids (ASK), will be making a presentation on the topic of Trust and Guardianship considerations for families with special needs children.  The program is being presented in conjunction with the Mount Laurel school system and will be held at the…

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COMPARISON BETWEEN TRANSFERS TO INCOME ONLY TRUSTS AND TRANSFERS TO CHILDREN

by Thomas D. Begley, Jr., CELA The following chart compares the advantages and disadvantages of an outright transfer of assets and putting assets in an Income Only Trust.   Trusts v. Transfers Comparison Issue           Income Only Trusts      Children Look-Back 5 Years 5 Years Control None None Risk Avoidance Yes No Estate…

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TAX AND ESTATE RECOVERY ISSUES IN CONNECTION WITH INCOME ONLY TRUSTS

by Thomas D. Begley, Jr., CELA An Income Only Trust can be designed as a grantor trust. The trust assets are unavailable for Medicaid, but there are some potentially significant tax benefits to the grantor. The Internal Revenue Code contains certain requirements for a grantor trust.[1]  Income Tax. Income is taxed at the grantor’s individual…

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