WHEN IS A SPECIAL NEEDS TRUST REQUIRED IN A MATRIMONIAL ACTION?
by Thomas D. Begley, Jr., Esquire, CELA Studies show that having a child with a disability dramatically increases the likelihood that the parents will divorce. The divorce rate for this cohort is as high as 86%. When either a spouse or a child is disabled and is receiving public benefits, a Special Needs Trust…
ASSET PROTECTION STRATEGIES: HOW TO PROTECT YOUR ASSETS FROM CLAIMS OF CREDITORS
by Thomas D. Begley, Jr., CELA Clients are often concerned about protecting their assets from claims of creditors. This is particularly true of clients who are professionals or business owners. However, many others may be concerned about asset protection. For example, persons who own rental real estate. There are a number of strategies that are…
Pennsylvania Court Reaffirms Strict Compliance Standard for Power of Attorney Execution
by Adam Cohen, Esq. Pennsylvania has stringent execution requirements for General Powers of Attorney (those not related to healthcare decision-making). The principal must sign the document in front of two witnesses and a notary. The law also explicitly requires all Power of Attorney documents to have the statutory Notice affixed to it, and signed…
ASSET PROTECTION STRATEGIES: HOW TO PROTECT YOUR ASSETS FROM CLAIMS OF CREDITORS – PART 1
by Thomas D. Begley, Jr., Esquire, CELA, and Joellen C. Meckley, Esquire This is the first of a two-part series (the second part can be found here) designed to discuss various asset protection strategies for clients doing Estate Planning who are concerned about the possibility of future claims. Typically, but not always, these clients are professionals…