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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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TYPICAL PROBLEMS WITH SPECIAL NEEDS AND SETTLEMENT PROTECTION TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA             Frequently the proceeds of personal injury recoveries are placed in a Special Needs Trust (SNT) when the plaintiff is receiving means-tested public benefits or a Settlement Protection Trust (SPT) when the plaintiff is a minor, an incapacitated person or wants help in investing and managing money over…

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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,…

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