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When is a Self-Settled Special Needs Trust Inappropriate?

Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on the onset to make this determination. Some of the reasons…

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Biological Father Entitled to Half of Assets in Deceased Daughter’s Special Needs Trust

Jennifer Rogiers was born on September 30, 1983, severely handicapped as a result of a cervical cord injury doctors inflicted upon her at birth.  Her mother, Rosa Rogiers, filed a malpractice claim and recovered $2.6 million, which was placed in a special needs trust for Jennifer’s benefit.  On September 2, 2005, Jennifer died intestate and…

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Selecting a Nursing Home for Your Loved Ones

The Centers for Medicare and Medicaid Services (CMS) recently completed a rating of nearly 16,000 nursing homes throughout the United States.  This was done under the CMS Nursing Home Compare System.  Based on these ratings, the Scripps Howard news service did a statistical analysis.  Many of the findings were interesting.  They included: NON-PROFITS Generally, nursing…

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Using Medicare Set-Aside Arrangements In Third Party Liability Cases

Medicare Set-Aside Arrangements (MSA) have long been used in the workers compensation arena. Because of the enactment of the Medicare, Medicaid and SCHIP Extension Act of 20071 it appears that MSAs are now going to be required in third party liability cases. In some cases special needs trusts will be required in order to protect…

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