You've Settled a Minor, Incapacitated Person, or Death Action Claim. Now What?
This course will show you how to handle the post-settlement process of cases involving minors and incapacitated persons, and wrongful death/survival action claims. Join our panel of experts as they take you back to the beginning stages of litigation, and learn how careful planning will facilitate settlement, lien resolution, and court approval. You will also learn about structured settlement annuities, the use of a variety of fiduciary vehicles for placement of litigation recoveries, including special needs and trigger trusts, settlement preservation trusts and guardianships, and the steps necessary to prepare and file the petition for court approval. In an interview style format, our panel will share -
- A start-to-finish look on best practices pertaining to the post-recovery procedure of cases involving minors, incapacitated persons, and death action claims
- How the handling of the case impacts the settlement and court approval
- A look at the structured settlement and QAR release, including the commutations clause
- Use of structures with trusts/guardianships
- Setting up the trust for a minor or incapacitated person, selecting the type of trust including special needs trusts, settlement preservation trusts, trigger trusts and Medicare Set-Aside trusts
- The ethical and moral considerations of the settlement process involving petitions for court approval of wrongful death/survival action claims and claims on behalf of minors/incapacitated persons
- Using fiduciary mechanisms for settlement fund placement
- Do’s and Don’ts: Discussion of the pitfalls and mistakes made in handling the steps from settlement to petition for approval and distribution
- How to file a petition for approval, including coverage of Philadelphia County and the NJ process for PA practitioners
- Consideration of the liens
- Closing the case; release, recapitulation, and client education
Recorded on June 30, 2020.