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: Structured Settlement Documentation
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A Qualified Assignment Release and Pledge Agreement is a legal document, the execution of which sets the 2nd stage of a structured settlement transaction in motion, in the context of personal injury or wrongful death settlements where there is a desire for the Payee to have secured party status.
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Why is the Clamaint releasing and discharging the Defendants and/or respondents in the settlement planner’s qualified assignment and release document from a QSF, when the money was deposited in the QSF under the “resolve or satisfy” clause in § 1.461-2(c)(2)?
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Neither the beneficiary of this structured settlement nor any other assignee shall have the power to assign the periodic payments to any third party without a genuine hardship and even then only with the advice of counsel. Any purported assignment in violation of this provision shall be void ab initio.
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Payees have sued the USA over ELNY shortfalls and failed. The United States Court of Appeals for the Federal Circuit in Langkamp case focuses on the settlement agreement. The USA’s commitment was inherent in the language of the agreement, the opinion by Judge Haldane Robert Mayer said.
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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 U.S. Tax Court ruled in T.C. Memo 2017-191 that settlement proceeds to Laura Stepp for disability discrimination and related claims are fully taxable as gross income, as they do not qualify as personal injury damages. Proper documentation is crucial for determining the tax treatment of such settlements.
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A Structured Settlement must be made a part of the settlement and must be incorporated into the settlement documents as part of the consideration for the settlement.
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Petitions for infant compromise that include structured settlements in certain New York courts, are being submitted using only the initials of the minor. Does the community really need to know that a minor has an asset, whether it be cash, a trust or structured settlement due to a tragic event?
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Digital copies of structured settlement documents stored on a computer may be useless and inaccessible, if the beneficiary cannot get into a computer, smartphone, or cloud account, after accounts are frozen at the notice of death and/or passwords cannot be found.
