Qualified Settlement Funds – Begley Report
by Thomas D. Begley, Jr., CELA WHAT IS A QUALIFIED SETTLEMENT FUND? Section 468B of the Internal Revenue Code[1] authorizes the establishment of Designated Settlement Funds or Qualified Settlement Funds. These funds are usually collectively referred to as Qualified Settlement Funds (QSFs). These funds are also sometimes called 468B Trusts. The purpose of these funds…
My Client Received A Personal Injury Settlement, He Is On Medicaid, Does He Need A Special Needs Trust? – Begley Report
by Thomas D. Begley, Jr., Esquire, CELA GENERAL An extremely important source of funding for medical needs for persons with disabilities is Medicaid. When a person is receiving Medicaid, the first question is whether a Special Needs Trust (SNT) is required. There are a number of pathways to Medicaid. If the individual’s Medicaid is means-tested, then an SNT…
Planning For Special Needs Children After We Are Gone – Begley Report
By: Thomas D. Begley, Jr., Esquire, CELA Planning for children with special needs is extremely important, and often completely overlooked or done haphazardly. The problem is many of our children with disabilities will be unable to take care of themselves after we are gone. As long as we are living, we will do everything necessary to see…
SETTLEMENT ALLOCATION IN NEW JERSEY WRONGFUL DEATH CASES
by Thomas D. Begley, Jr., Esquire, CELA When a defendant causes the death of another individual by a wrongful act or negligence, that person shall be liable for damages. There are two components of the claim. One is a Survival Claim, and the other is the Wrongful Death Claim. The Survival Claim is brought by…