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Vacation Area Homes: Tax and Management Issues – Begley Report

By: Thomas D. Begley, Jr., Esquire, CELA CASE STUDY 1:  VACATION HOME—NO ESTATE PLAN Harry and Sally own a vacation home on a barrier island.  They purchased the home many years ago for $50,000, and it...

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Financing Long-Term Care in New Jersey 2021 – Begley Report

By: Thomas D. Begley, Jr., Esquire, CELA Statistics show that approximately 70% of the population age 65 or over will require someform of long-term care.  Some will be there for relatively short...

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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...

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Protecting The Home: Using Trusts To Protect Your Home From The Costs Of...

by Thomas D. Begley, Jr., Esquire, CELA INTRODUCTION Studies show that 43% of Americans will spend some time in a nursing home.  Seventy percent will require some form of long-term care be it nursing...

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My Client Received A Personal Injury Settlement, He Is On Medicaid, Does He...

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...

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Veterans Administration Aid And Attendance Benefits – Begley Report

INTRODUCTION “America’s veterans deserve the best health care and compensation system we can provide.”  (Anthony Principi, Secretary of Veterans Affairs, News Release, February 3, 2003).  While there...

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What Is An Able Account And How Can It Help Protect Your SSI Check? – Begley...

by Thomas D. Begley, Jr., Esquire, CELA An ABLE account is a new device available to the disability community that allows a disabled individual to have a limited bank account without risking...

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Understanding Estate Planning – Begley Report

By Thomas D. Begley, Jr. WHAT IS ESTATE PLANNING? Estate planning is the process by which an individual defines his or her goals for passing assets to beneficiaries and chooses appropriate tools and...

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Medicaid Applications: Why It Makes Sense To Use A Lawyer – Begley Report

by Thomas D. Begley, Jr., Esquire, CELA INTRODUCTION Medicaid applications are complex and extremely labor-intensive.  They require an enormous amount of time to collect and verify all of the necessary...

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Managed Long-Term Services and Supports – Begley Report

by Thomas D. Begley, Jr., Esquire, CELA As of July 1, 2014, what was formerly known as Global Options for Long-Term Care (GO) is now known as Managed Long-Term Services and Supports. (MLTSS)....

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Financing Long-Term Care in New Jersey 2020 – Begley Report

by Thomas D. Begley, Jr., Esquire, CELA Statistics show that approximately 70% of the population age 65 or over will require some form of long-term care.  Some will be there for relatively short...

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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...

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PLANNING FOR INDIVIDUALS WITH SPECIAL NEEDS PART 4

by Thomas D. Begley, Jr., CELA General This is the fourth part of a five-part series dealing with planning for individuals with special needs.  Part 1 discussed the reasons to establish a trust.  Part...

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WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST

by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a...

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Veterans Administration Aid and Attendance Benefits -Special Report

Introduction “America’s veterans deserve the best health care and compensation system we can provide.”  (Anthony Principi, Secretary of Veterans Affairs, News Release, February 3, 2003).  While there...

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Why Personal Injury Attorneys Need to Know If Your Client Is a Disabled...

By Barbara A. Isenhour and Sean R. Bleck Before you bring any lawsuit on behalf of a disabled client there is an important piece of information you need to know.  Is your client a disabled veteran and...

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2009 REVISIONS TO THE SOCIAL SECURITY ADMINISTRATION POMS RELATING TO SPECIAL...

In January of 2009, the Social Security Administration (SSA) made a number of changes to the POMS relating to both first party and third party special needs trusts.  These changes affect the drafting...

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PROTECTING AND PASSING ON MY VACATION HOME

WHY IS A VACATION HOME SO SPECIAL AND WHAT ISSUES NEED TO BE CONSIDERED? A vacation home can serve as a magnet to bring the family together.  Children marry and move away and have their own children....

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POMS CLARIFICATIONS

The Social Security Administration has made a number of clarifications to the POMS effective in 2010.  These include the following: 1. COVERDELL EDUCATION SAVINGS ACCOUNT (ESA) 1.1.      Designated...

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MEDICARE SET-ASIDE ARRANGEMENTS IN THIRD PARTY LIABILITY CASES

The Legal Authority for Requiring a Medicare Set-Aside Arrangement   Medicare Secondary Payer Act.[1] The authority for the Centers for Medicare and Medicaid Services (CMS) to require consideration of...

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