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TAXATION OF LITIGATION CLAIMS

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA In resolving litigation, the taxation of the proceeds should always be considered.  There are often income, estate and/or gift taxes that apply.  From a tax standpoint it makes no difference whether the recovery is via a settlement or judgment.  It is often important how the complaint is worded,…

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MEDICAID & AFFORDABLE CARE ACT (ACA) ELIGIBILITY FOR NON-CITIZEN PERSONAL INJURY PLAINTIFFS

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA and Emily Schurr Medicaid General Rule             As a general rule, Medicaid provides medical insurance for individuals.  To be eligible for most programs, the applicant must be a resident of New Jersey, be a U.S. citizen or qualified alien, and meet specific standards for financial income and resources…

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PROBATE ISSUES IN NEW JERSEY WRONGFUL DEATH CASES

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA Wrongful death cases involve a number of complex probate issues. Plaintiff The first question is, “Who is the Plaintiff?”  If there is a Will, the Plaintiff is the Executor.  If there is no Will the Plaintiff could be the Administrator of the estate, if one has been appointed…

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TYPES OF TRUSTS IN PERSONAL INJURY RECOVERIES

By Begley Law Group

by Thomas D. Begley, Jr., Esquire, CELA There are five types of trusts generally used in cases involving personal injury recoveries.  The type of trust to be selected depends on the plaintiff’s situation.  The types of trusts and when to use them are as follows: Settlement Protection Trust.     The Settlement Protection Trust is simply…

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