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Tire Tread Blamed in Florida Car Accident That Killed Four Sisters

It is an unthinkable tragedy. Four sisters. Gone in a blink in a horrific Florida car accident.  According to news reports of the Titusville crash, a woman, her five daughters, her boyfriend and her boyfriend’s nephews – 11 people total – were piled into a Dodge Durango. The 34-year-old mother was behind the wheel. Suddenly, tire tread separation caused her to lose control of the... 

Why veterans are waiting to seek the health care they need

Long wait times in the Department of Veterans Affairs (VA) health care system and having VA health insurance could be the reasons veterans are more likely to delay seeking necessary health care in comparison to the general population. Researchers Doohee Lee of Marshall University and Charles E. Begley of the University of Texas Health Science Center at Houston analyzed data from a 2010-11 survey on... 

FUNDING AND TAX CONSIDERATIONS INVOLVING CHILDREN’S TRUSTS IN MEDICAID PLANNING

by Thomas D. Begley, Jr., CELA Funding Many clients who use Children’s Trusts as part of their Medicaid planning are non-crisis planning clients. They either have an early diagnosis or are elderly but in good health. They are doing advance planning and want a sense of independence. They do not want all of their assets in a trust. Good practice dictates that the lawyer have a discussion with the... 

States Start Suing Over Pelvic Mesh Implant Injuries

Dangerous pelvic mesh devices were marketed and sold to hundreds of thousands of women in recent years, even though they were inherently unsafe – and manufacturers knew it.  That’s the allegation lobbed by plaintiffs in tens of thousands of vaginal mesh lawsuits, and it’s now being echoed by attorneys general in California and Washington, both of whom recently filed lawsuits against... 

CHILDREN’S TRUSTS AND MEDICAID PLANNING

by Thomas D. Begley, Jr., CELA (Originally published in the June issue of “The Straight Word”) Under a Children’s Trust typically a parent transfers assets to an irrevocable trust for the benefit of her children and reserves no right to access to either income or principal. One or more children usually serve as trustee. The trust document authorizes the trustee to distribute income and... 

Lik v. L.A. Fitness – Gym Injury Lawsuit to Proceed

Anytime one engages in sports or recreational activities, there may be inherent risks associated.  For example in wrestling, there is an inherent risk of a torn muscle. In rock climbing, there is an inherent risk of a fall. Some of these risks cannot be eliminated without altering the very nature of the activity. However, that does not mean there is never liability established when injuries occur... 

Family Filed Lawsuit over Death of Woman in a Florida Nursing Home

When considering a nursing home facility for your loved one, it goes without saying that you want to make sure he/she will be well-cared for and safe. Sadly, negligence and abuse in nursing homes is all too common resulting in serious injuries or death. When negligence occurs, a lawsuit may be an appropriate way for the family to seek justice and be compensated for their loss. The family of an elderly... 

Net gifts can be used to reduce gift tax rate

One strategy to lower your taxable estate is lifetime giving. However, there is a gift tax rate of 40 percent. If you have exhausted your $5.43 million gift and estate tax exemption, and you wish to lower your gift taxes, consider the possibility of making net gifts. This method obligates the recipient to pay the gift tax as a condition of accepting the gift, thereby lowering the value of the gift... 

U.S. Senator Advocates Military Justice System Reform

Kristina Derro Veteran Advocate U.S. Senator Kirsten Gillibrand is leading the charge to end sex crimes in the military by giving a panel of seasoned, independent military trial lawyers the power to decide whether to prosecute sexual assault cases. Currently, this power is held by a small number of high-ranking military officials. Senator Gillibrand argues in her proposal before Congress that this... 

Andrew Hook talks to Stretcher about revocable living trusts

In an interview for Stretcher.com, Attorney Andrew Hook explains the meaning of a revocable living trust by dividing the term into its main parts: “revocable,” “living” and “trust.” He describes a revocable living trust as a legal agreement in which a person, who is referred to as the “settlor” or “grantor,” transfers property to a trustee, who manages the property for the benefit... 
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