by Thomas D. Begley, Jr., CELA New Jersey has now enacted the Achieving a Better Life Experience Act (“ABLE”). It is understood that by Fall this Act will be ready for implementation. The question will then remain: “What is the…
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ABLE ACCOUNTS ARE COMING TO NEW JERSEY
by Thomas D. Begley, Jr., CELA New Jersey has passed the Achieving a Better Life Experience ACT (“ABLE”). While the Act has passed, it will take some time to implement. Many commentators believe that by Fall accounts will be able…
MILITARY PENSIONS AND DISABLED CHILDREN
by Thomas D. Begley, Jr., CELA Historically, a member of the military could arrange for a pension and provide a survivor’s benefit to a spouse or child. A problem arose where the child had a disability and was receiving means-tested…
USING SETTLEMENT PROTECTION TRUSTS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Settlement Protection Trusts can be very useful tools in the settlement of a personal injury case. A Settlement Protection Trust is very flexible. However, it cannot be used where an individual is receiving means-tested…
Tagged with: Affordable Care Act, CELA, Medicare, New Jersey, Settlement Protection Trusts, SSI, Support Trust
PUBLIC BENEFITS CONSIDERATIONS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Personal Injury attorneys must inquire as to whether their clients are receiving public benefits. Certain benefits are means-tested, so that if the client receives money directly those benefits are reduced or lost completely. This…
MEDICARE SET-ASIDE ARRANGEMENTS IN SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr., CELA Countable Asset for SSI and Medicaid A question arises as to whether assets held in an MSA are countable for SSI and Medicaid purposes. This has been addressed by CMS in the WC…
PERSONAL INJURY SETTLEMENTS: HOUSING FOR PLAINTIFFS WITH DISABILITIES
by Thomas D. Begley, Jr., CELA Introduction Housing for an individual with disabilities is a major concern. The purchase of a residence is a very important decision involving a number of factors. This is particularly true where the individual is…
Estate Planning: 5 Things You Should Consider
by Thomas D. Begley, Jr., CELA Grandchildren Many grandparents would like to leave something to their grandchildren. Frequently, the grandparents have not thought of this idea, but are enthusiastic when it is presented to them. One way to remember the…
Tagged with: Beneficiary Designations, Blended Families, estate planning, IRA, POD, Prenuptial Agreement, SSI
SPECIAL NEEDS TRUSTS AND MEDICARE SET-ASIDE ARRANGEMENTS
by Thomas D. Begley, Jr., Esquire, CELA Generally, Medicare Set-Aside Arrangement (MSA) funds are deposited in a custodial account with a professional trustee or given to the client to self-administer. For cases less than $100,000, giving the funds to the…
TOP TEN MISTAKES IN DRAFTING SPECIAL NEEDS TRUSTS
[This article was originally printed in the Straight Word, a publication of the Burlington County Bar Association.] by Thomas D. Begley, Jr., CELA There are a number of mistakes that scriveners make in drafting special needs trusts. This article will…
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