WHY A WILL?
by Thomas D. Begley, Jr., Esquire, CELA Wills are designed to transfer property on death. If there is no Will, the State writes a Will for the deceased individual. While those Wills make sense for many people, they do not make sense for everyone. Assuming a client has mental capacity, the first step would be…
WHY A LIVING WILL AND HEALTH CARE POWER OF ATTORNEY?
by Thomas D. Begley, Jr., Esquire, CELA A Health Care Power of Attorney simply appoints a Health Care Representative to make medical decisions without giving any direction to the representative. The Advance Directive gives instructions for end-of-life decision-making. A Health Care Power of Attorney can be combined with an Advance Directive/Living Will. There are essentially…
WHY A LIVING TRUST?
by Thomas D. Begley, Jr., Esquire, CELA A revocable Living Trust is designed to avoid probate on the death of the individual. If the individual owns real estate in more than one state, the real estate can be transferred to a Living Trust to avoid probate in multiple states. Some states have very difficult and…
USING SETTLEMENT PROTECTION TRUSTS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Settlement Protection Trusts can be very useful tools in the settlement of a personal injury case. A Settlement Protection Trust is very flexible. However, it cannot be used where an individual is receiving means-tested public benefits. A Settlement Protection Trust is essentially a Support Trust designed to provide for…