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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about
Category: IRC 5891 Structured Settlement Factoring Transaction
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A structured settlement annuity is owned by qualified assignment companiy, not payees of the structured settlement. A settlement agreement creating the structured settlement, states that the assignment company has all rights of ownership of the annuity. Payee owns the right to receive payments.
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Is the “Best Interest Test” in state structured settlement protection acts adequate to determine suitability of structured settlement factoring transactions, or should a Uniform Suitability standard be established that that places obligations on the settlement purchaser and/or their brokers or affiliates?
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A structured settlement is a financial arrangement where a claimant receives part of their compensation as periodic payments instead of a lump sum, often following a personal injury or wrongful death claim. Governed by specific IRS regulations, these settlements can be funded through life insurance companies or government obligations and offer tax benefits.
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Should the role of independent professional adviser begin with an apparent presumption that the act of selling structured settlement payment rights is in the best interest of the would be seller? Or should best interest be determined first?
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The article discusses Structured Settlement Commutation Riders, likening their value to fries accompanying a burger. It emphasizes the rider’s purpose in providing liquidity for beneficiaries and addresses misconceptions about their benefits, particularly regarding probate and tax implications. The author critiques misleading claims from settlement planners, highlighting regulatory aspects and the evolving landscape of estate tax.
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Structured settlements have received bipartisan support from Congress for over 35 years, a testament to perceived value of structured settlements by legislators.
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Transaction Risk in Structured Settlement Investing Is Far Greater Than Insolvency Risk and could lead to a loss of investment plus legal expenses if, as in recent examples, a transfer order for structured settlement payment rights is vacated.