Article by Thomas D. Begley Jr. Public benefits must always be considered in the settlement of a personal injury case.  They are important for two reasons:  (1) whether there is a lien to repay the public benefits, and (2) whether the plaintiff’s continued eligibility for public benefits depends on the establishment... 
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Article by Thomas D. Begley Jr. This is the second part of a two-part article dealing with the impact of Windsor on taxation and public benefits.  This article will examine the impact of Windsor on public benefits planning. In United States v. Windsor,[1] the United States Supreme Court declared §3 of the Defense... 
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Article by Thomas D. Begley Jr. This is the first of a two-part article on tax and public benefits planning for same-sex couples.  In the 2013 case of United States v. Windsor,[1] the Supreme Court of the United States declared §3 of the Defense of Marriage Act (DOMA) unconstitutional.  Section 3 was drafted to... 
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Article by Thomas D. Begley Jr. Prior to July 1, 2002, the New Jersey estate tax was a “sponge” or “pick up” tax that was essentially based on the federal estate tax.  On July 1, 2002, the tax was decoupled from the federal estate tax.  The New Jersey estate tax is now imposed upon the transfer of an estate... 
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Article by Thomas D. Begley Jr. As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third party.[1]  If the individual fails to pursue the claim, the state has the option of pursuing it.  Federal law requires that each state... 
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Article by Thomas D. Begley Jr. Unfortunately, many personal injury settlements come undone when liens have been discovered after the settlement has been agreed upon.  Sometimes this is fixable, but often it is not.  Here are some of the common liens that must be addressed in typical personal injury settlements: Medicaid... 
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Florida’s attorney general raised eyebrows with a brief filed in a case that challenges the state’s same-sex marriage ban. Eight gay couples who were married in states that recognize same-sex marriages joined with the American Civil Liberties Union in filing suit against Florida. Their lawsuit argues that... 
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Michigan State Police and other law enforcement departments cracked down on drunk drivers over Memorial Day weekend, the unofficial beginning of the summer recreation season.  Holiday activities spark more driving — and, often, more impaired driving.  The enforcement push was part of Operation Care, a nationwide... 
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Five former restaurant workers filed a federal lawsuit against Marble Slab Creamery and Great American Cookies, San Antonio franchisees for Subway, alleging that they were not paid for overtime work and other work. Collective action certification has been sought under the Fair Labor Standards Act (FLSA) for the lawsuit... 
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There are many living options available for seniors, and continuing care retirement communities (CCRCs) have become one of the most attractive. Many retirees consider such communities because they typically provide a range of services in one location, including independent living, adult care facilities and nursing... 
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