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: best interest test
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Structured settlement protection acts are supposed to protect annuitants. Serious questions being asked in litigation in multiple states, where FL judges approved 4 transactions in 6 months and where a VA judge approved 11 in 2 years that could not possibly have all satisfied the best interest test.
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The Court IS NOT duty bound to find you the best deal. The Court must only determine if the price is fair and that a proposed sale, or transfer, of structured settlement payment rights is in your best interest and the best interest of your dependents
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A Hiawatha, Kansas man regrets selling his structured settlement rights due to medication-induced memory loss and financial struggles. He questions the enforceability of the contract, but courts typically dismiss intoxication claims unless exploitation is proven. He recalls no independent financial advice before the decision, highlighting the risks of not comparing offers when selling structured settlements.
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Court approval is required for structured settelment payment rights transfers to ensure that the transaction is in your best interest. Unfortunately, there have been far too many cases where sellersended up being taken advantage of.
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This is not a failure of structured settlements, it is failure to enforce the structured settlement protection act by judges who are tasked with doing so. Some of the results are tragic.