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

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 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 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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COUNSELING SESSION WITH PLAINTIFFS AND FAMILIES AFTER A PERSONAL INJURY RECOVERY

by Thomas D. Begley, Jr., Esquire, CELA A counseling session should be held with all of the important players to identify immediate cash needs, develop a budget, design the plan of distribution, and begin the process of managing expectations. One of the most significant discussions will be how long the trust is expected to last….

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