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THE INTERPLAY BETWEEN SPECIAL NEEDS TRUSTS AND ABLE ACCOUNTS IN PERSONAL INJURY CASES

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister]  Personal injury plaintiffs who suffer from disabilities and are required to establish Self-Settled Special Needs Trusts in order to maintain their public benefits should consider establishing an ABLE account at the same time. While most people consider the tax-free income of an…

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THE TWO TRUSTS SOLUTION FOR SAVING THE HOUSE IN A BIRTH INJURY CASE

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister]  Many birth injury cases result in significant recoveries for the plaintiff(s).  As in most personal injury cases, the family usually has three wishes:  a house, a car and a trip to Disney World.  Frequently, the family is of modest means and the…

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THE IMPACT OF THE REVISED SOCIAL SECURITY POMS ON SPECIAL NEEDS TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA [Article originally published in The Barrister] Social Security recently issued four Transmittals, SI 01120 TN 51 – 54. These clarify the Program Operating Manual System (POMS) of the Social Security Administration with respect to trusts, particularly Self-Settled Special Needs Trusts and Pooled Trusts, although there was some discussion of…

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SPECIAL NEEDS TRUSTS: A COST-BENEFIT ANALYSIS

by Thomas D. Begley, Jr., CELA [Article originally published in The Barrister]  In dealing with clients with disabilities, many professionals are quick to jump to the conclusion that if the client is receiving money it must be deposited into a Special Needs Trust. Before making this decision, it is useful to make an analysis as…

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