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ABLE ACCOUNT, THIRD PARTY SPECIAL NEEDS TRUST AND POOLED TRUST: COMPARE

by Thomas D. Begley, Jr., CELA Below is a chart comparing an ABLE Account with a Third-Party Special Needs Trust.     ABLE ACCOUNT THIRD PARTY SPECIAL NEEDS TRUST OR POOLED TRUST Onset of Disability Qualifying disability exists prior  to age 26   No requirement Age of Beneficiary   No requirement No requirement Who May Establish   Beneficiary, parent,... 

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 the end of the year accounts will be authorized. Under the ABLE Act, people with disabilities and their families may set up special savings accounts similar to 529 Plans to be used for disability-related... 

A Lawsuit Cash Advance Helps Lessen the Financial Burden During Pending Medical Malpractice Cases

A 75-year-old woman was admitted to the hospital with a blood clot in her leg. She was treated and released days later; a blood thinner was prescribed. Less than a week later, the woman woke up in the middle of the night with excruciating pain in her hip and groin area. She was transported by ambulance to the hospital. Although doctors performed no testing, the woman was diagnosed with a musculoskeletal... 

SEVEN PLANNING CONSIDERATIONS IN THE CONTEXT OF SELF-SETTLED SPECIAL NEEDS TRUST

by Thomas D. Begley, Jr., CELA Availability. Assets in a Self-Settled Special Needs Trust (“SSSNT”) are not considered available for Supplemental Security Income (“SSI”) or Medicaid eligibility purposes. The reason is that the trustee is given sole discretion with respect to distributions from the trust. The beneficiary cannot control distribution or revoke the trust. Special needs language... 

Planning for Small Business Owners Is Critically Important

At times we all fall victim to focusing on the present at the expense of planning for the future. Many business owners continually focus on the daily, monthly, quarterly, and annual goals of the business and often do not consider what would happen if they, or one of their key team members, would suffer and incapacity or worse. Failing to have a succession plan creates an incredible amount of stress... 

Obstructive Hydrocephalus Case Reversed On Appeal

Filing a medical malpractice lawsuit can be overwhelming, even in a case that appears cut-and-dry. Even after winning your case the decision may be overturned on appeal and you could end up with nothing. One of the most common causes of medical error occurs not when doctors actually do something, but when they don’t. The most common cases of misdiagnosis occur when costly medical tests are skipped... 

VA workers turn entrepreneurs to improve veterans health care

Department of Veterans Affairs (VA) employees pitched ideas for improving veterans health care services nationwide during the VA Innovation Demo Day in Washington, D.C., on August 15. They hoped their projects would win support and funding for widespread adoption across the VA system. A panel of department leaders, including VA Undersecretary for Health Dr. David Shulkin, viewed the presentations of... 

$35M Wrongful Death Verdict in Trucking Accident Lawsuit

Jurors in Texas have awarded $35 million to the three daughters of a single mother killed in a trucking accident last year in Texas.  The jury in Dallas County determined the trucking company was 90 percent liable for the family’s damages, while the truck driver was 10 percent responsible. The head-on collision happened in February 2015. The 42-year-old registered nurse was on her way to visit... 

Product Liability Lawsuit Alleges Apple Had Tech to Prevent Distracted Driving

A new product liability lawsuit alleges California technology company Apple had the patented technology to prevent a fatal distracted driving accident in Texas several years ago, but failed to implement it. A woman was speeding down a Texas highway three years ago in a Dodge Ram truck, scrolling through her iPhone for messages. She was distracted. She slammed into a sport utility vehicle. She killed... 

GTECH Files Reply Brief

GTECH filed its Reply Brief in the Austin Court of Appeals.  In its brief, GTECH maintains that it did not exercise any discretion in deciding to use misleading language on the Fun 5’s scratch-off tickets.  GTECH urges the Court of Appeals to overrule the trial court and to hold that GTECH is entitled to immunity from the fraud claims brought by approximately 1,000 Texas lottery players.  A... 
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