Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
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Category: Attorney Responsibility to Clients in Settlement Planning Process
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On April 26, 2022, the Court found Plaintiff Eric Yerkes’ legal malpractice claim shall not be precluded and there is a genuine dispute of material fact regarding whether Defendant Anapol Weiss, a Philadelphia personal injury law firm breached its standard of care.
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Publicity of the specifics of the structure, to benefit the attorney/ law firm marketing, does no service to the attorney’s infant client. Any attorney/law firm that aids the publication of the specifics of an infant’s settlement exposes the minor to inevitable harassment when the cash now vultures circle at age 18
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John Darer warns against structured settlement swaps, which are deceptive sales tactics encouraging individuals to sell their long-term structured settlements for less than worth. He emphasizes that investments from past decades often yield better returns than current market options. Such swaps can jeopardize financial security and incur legal risks. Avoid these schemes.
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Financial advisors, licensed insurance agents and settlement planners who sell “subsets” of structured settlement payment rights, athlete contracts and such as “secondary market annuities” to unsuspecting clients are creating significant potential errors and omissions exposure and worse.
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Why would one or more of the highlighted sections 26 CFR § 1.468B(c) be selectively omitted in the context of how qualified settlement funds have been heavily promoted to trial lawyers by certain settlement planners?
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Central to dismissal against Cessna and Certain Underwriters at Lloyds of London, was that there was a qualified assignment to which Yerkes consented. But Anapol missed or punted on readily available sources of info on Executive Life that should have given them pause in my opinion.
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It can be very painful to watch a lump sum erode, just like sand drifting out an hourglass. It especially hurts if you do not have the means to replace it. I can help
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A legal case that teaches us that not all parents are honest with their children’s money. It teaches us the importance of good structured settlement documentation and follow thourgh. Nicole Herivaux v Metropolitan Life Insurance Company, Marie Herivaux, Supreme Court of the State of New York Index 650783/0217
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The proposed “structured settlement” was touted as a structure to be purchased through a 3rd party to be facilitated TX law firm. The “annuity” proposed was in fact a “receivable purchase agreement” involving purchase of payment rights from a structured personal injury settlement from a CA case.
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Settlement Planning Opportunities and Considerations With The Excelsior Scholarship and Collateral Benefits as New York offers free full-time undergraduate tuition at public colleges and universities to students with an annual family income of $125,000 or less.