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: ny wrongful death
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How much time should a judge spend in determining the best interest standard before approving a petition to transfer? Who is the Structured Settlement Protection Act Intended To Benefit?
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A structured settlement retains its income tax status when paid to the beneficiary. If the present value of the unreceived payments (that will now be going to the beneficiary) together with other assets that form the decedent’s estate, exceed an exempt amount, an estate tax is due.
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What are the ramifications in a New York CPLR Article 50-A or 50-B structured judgment if the annuity issuer and/or insurer goes “belly up”?
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The Kaiser formula is a method of determining proportionality that a New York Surrogate judge may use in his or her discretion in evaluating the appropriate manner of apportioning wrongful death proceeds in any given proceeding
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Judges reviewing petitions to transfer structured settlement payment rights must determine if the transfer is in the best interest of the annuitant and applicable dependents. While the system generally works well, business conduct alleged in recent legal cases and questionable judicial oversight in certain jurisdictions, should give pause.