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.
recent posts
- Daily Rates Are Often an Important Cost Driver of Structured Settlements
- 🔥Founder and Former CEO of 777 Partners, Joshua Wander, Pleads Guilty⚖️ to $500 Million Fraud Scheme — DOJ Confirms Double‑Pledging, Misappropriation of Structured‑Settlement Funds, and Falsified Bank Statements
- The Steering Problem Needs a Wake‑Up Call
- Companies Still Using the Incorrect Term “Secondary Market Annuity”
- Canonical: Non‑Qualified Assignment (NQA)
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Category: Qualified Settlement Fund
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Another settlement planning professional is cutting corners-this time with woefully deficient articulation of Qualified Settlement Funds (a/k/a 468B Trust), a major tool for settlement planners and their clients
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EPTL 5-4.6 creates an attractive nuisance, that is problematic where there are minor distributees, disabled distributees, unsophisticated distributees, or others who could benefit from a the stable income and tax advantages of a structured settlement and has potential to create legal malpractice exposure
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A qualified assignment is a transfer of a contractual obligation to make future periodic payments under a settlement agreement, which satisfies the requirements of Internal Revenue Code (IRC) § 130.
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This author is not denying that there are merits to the idea of a single claimant 468B qualified settlement fund under certain circumstances. Its proponents however have failed strategically. Perhaps it’s time to go back to the stable and saddle up a NEW horse.
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There are now fewer structured annuity options when using a single claimant qualified settlement fund than otherwise. How much errors and omissions coverage is out there covering the work of settlement planning practitioners who wholesale single claimant 468B qualified settlement funds?
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Robert Wood, a tax attorney based in San Francisco, CA has written an interesting article on Qualified Settlement Funds that appeared in the Los Angeles Daily Journal on July 23, 2009. Wood believes the time has come for the QSF. Wood does not address the controversial single claimant issue in this article.
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The dilemma for the attorney is that without a fix, there is the potential for the immediate or subsequent perception that the law firm is more interested in its fees than the settlement planning issues of its own clients.
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Are settlement planners supposed to be “selectively logical”? So much gum flapping has been done on this subject that it could be an alternative energy source.
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If a money manager was going to charge you 3% to manage your money in a money market fund for a few weeks or a month would you do it? If your answer is no, you might want to question the wisdom of any structured settlement broker or settlement planner who recommends going through the trouble of setting up…